IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 6526 of 2005(B) ------------------------- PETITIONER: ------------------- BHAVANI, W/O. LELAYUDHAN, PARANTHAN HOUSE, ENGANDIYOOR, KUNDALIYOOR P.O., TRICHUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ---------------------- 1. THE ASST.REGISTRAR (GENERAL) DISTRICT CO-OPERATIVE BANK, TRICHUR. 2. THE DISTRICT CO-OPERATIVE BANK REPRESENTED BY THE SECRETARY, TRICHUR. 3. SALE OFFICER, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRICHUR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY DEPT.OF CO-OPERATIVE SOCIETIES SECRETARIAT, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the notice issued by the 3rd respondent. P2: Copy of the representation submitted by the petitioner before the 3rd respondent dated 21.2.2005. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.S. TO JUDGE. kvs/- C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 6526 OF 2005 -------------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of loan availed from the second respondent. This Court granted conditional stay on payment of Rs. 1 lakh on 24.2.2005. It is not known whether petitioner has deposited the amount and the stay is in force. Government Pleader reported that the Bank auctioned the property. In any case, since W.P.C. is pending for the last three years, sale would have taken place. However, if sale has not taken place, petitioner is free to approach the second respondent for settlement of liability without any delay and in that event the second respondent will grant incentives under any OTS scheme, if available, if the petitioner offers payment within a reasonable time. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2