IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25512 of 2008(K) --------------------------------------- PETITIONER: ------------------- PEEDIAKKAL ALAVI, S/O. AYOOTI, EDAKKAZHIYOOR AMSOM, PO, THIRUVATHRA, CHAVAKKAD, TRISSUR. BY ADV. SMT.S.MUMTAZ. RESPONDENTS: ----------------------- 1. GURUVAYOOR CO-OPERATIVE URBAN BANK LTD NO. F. 1652, EDAKKAZHIYOOR BRANCH,REPRESENTED BY THE BRANCH MANAGER, EDAKKAZHIYOOR, TRISSUR 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI. DEVAPRASANTH .P.J, FOR R1, SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25512 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2008. JUDGMENT Learned counsel for the petitioner very fairly states that her client had filed a securitization appeal before the Debts Recovery Tribunal, however that it was omitted to be mentioned in this writ petition. It is also stated that the said securitization appeal is not being pressed and that will not be prosecuted. This is recorded. It is further submitted that the petitioner gives up all other contentions challenging the impugned securitization proceedings and requests that he may be given some time to pay off the entire outstandings. Having heard the learned counsel for the petitioner and the learned counsel for the first respondent in that regard, this writ petition is ordered directing that if the petitioner remits WP(C)25512/2008 -: 2 :- an amount of Rs.10,000/- at or before the time fixed for sale, the impugned proceedings will stand deferred for a period of two months to enable the petitioner to wipe off the entire outstandings. On such remittance, any request of the petitioner for slashing the total outstandings, at least, as regards penalty will be considered by the bank sympathetically. If remittance as afore-directed is not made, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further action without further notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/280808