IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WA.No. 810 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.2624/2009 Dated 03/02/2009 .................... APPELLANT/PETITIONER: ------------------------------------ MATHEW JOSEPH, 52 YEARS, S/O.CHEKATHADATHIL HOUSE, ATHIRAMPUZHA P.O., KOTTAKIPURAM, KOTTAYAM DIST. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE AUTHORISED OFFICER, UCO BANK, THIRUVALLA BRANCH, CROSS JUNCTION, THIRUVALLA-689 101. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, CENTRAL OFFICE, MUMBAI-400 001. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, NEW DELHI. R1 BY ADV. SRI. GEORGE K. VARGHESE R3 BY ADV. SMT.D.P.RENU,CGC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.810 of 2009 ------------------------------------------ Dated, this the 22nd day of May, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is directed against the judgment of a learned Single Judge dated 3rd February, 2009 in W.P.(C) No.2624 of 2009. Appellant is the writ petitioner. His grievance is with regard to the recovery steps initiated by the first respondent Bank. 2. The learned Single Judge taking note of the peculiar facts and circumstances involved in the case had granted liberty to the petitioner to find out purchasers on private sale, so as to liquidate the liability to the Bank. A time limit was also fixed as 25.3.2009. 3. The learned counsel for the appellant sought for some more time and we passed an order dated 7.4.2009 granting time till 22.5.2009. Now it is reported that the appellant has not been in a position to find out a purchaser. It is further submitted that the appellant is with his wife who is undergoing treatment in W.A. No.810 of 2009 - 2 - the Regional Cancer Centre, Thiruvananthapuram. Learned counsel for the appellant, therefore, prays that some more time may be granted to him to explore the possibility of a private sale so as to wipe out the liability to the Bank and, if not, the Bank may be directed to take steps against one-half of the property excluding the residential building, since that would easily fetch sufficient amount to liquidate the liability. 4. Having heard learned counsel appearing for the Bank also, we are of the view that in the peculiar facts and circumstances of the case, some indulgence requires to be shown to the appellant. Accordingly the writ appeal is disposed of as follows: The appellant is granted time till 20.7.2009 making it clear that in no case there shall be any further extension of time, to explore the possibility of a private sale of a portion of the property so as to wipe out the liability to the Bank. If the appellant is not in a position to liquidate the liability as above, the Bank is at liberty to proceed with the sale. However, in the process of sale, the Bank W.A. No.810 of 2009 - 3 - shall make an attempt first to sell one-half of the property excluding the residential building and see whether by the sale of that portion of the property the liability can be wiped off. Even by the sale of one-half of the property, if the entire liability cannot be liquidated, it will be open to the Bank to proceed against the remaining portion of the property. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns