IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17161 of 2008(R) ---------------------------------------- PETITIONER: -------------------- MADANAMOHANAN, SURESH COTTAGE, ARISUPARAMBU, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN RESPONDENTS: ------------------------- 1. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN – R1 BY SRI.T.R.HARIKUMAR, SC, T D CO-OP.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.17161 of 2008-K ================================== Dated this the 11th day of June, 2008. JUDGMENT The petitioner availed a cash credit facility from the second respondent bank in 1999 and failed to repay. That result in the proceedings under the SARFAESI Act. All that the petitioner is attempting is to salvage the property which has been taken possession by the bank under the Act. I find no merit in the writ petition. The learned counsel for the petitioner ultimately stated that there is a residential building and still further that certain negotiations are going on to find out an alternate buyer. Under the aforesaid circumstances, it is directed that any proceedings will be deferred by two months to enable the petitioner to find out alternate buyer to liquidate the outstandings. If WPC.17161/2008 -:2:- the sale happens, any request of the petitioner for isolating the residential building and saving it from distress action would also be considered by the bank in its wisdom. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.