IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 37305 of 2007(N) -------------------------------------- PETITIONER: -------------------- KURUSHUMUTHAN NADAR, PROPRIETOR M/S.CHANDRIKA STORES, SARALA BHAVAN, VELLANADU P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ------------------------ 1. THE KERALA STATE CO-OPERATIVE BANK, (A SCHEDULED BANK WITH ITS HEAD OFFICE AT THIRUVANANTHAPURAM), PEROORKADA BRANCH, KERALA LAW ACADEMY CAMPUS, PEROORKADA, THIRUVANANTHAPURAM-REPRESENTED BY ITS MANAGER. 2. THE AUTHORISED OFFICER/DEPUTY GENERAL MANAGER, KERALA STATE CO-OPERATIVE BANK THIRUVANANTHAPURAM REGIONAL OFFICE, OVER BRIDGE JUNCTION, M.G.ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37305/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DISCHARGE SUMMARY ISSUED TO THE PETITIONER FROM THE DEPARTMENT OF THE NEURO SURGERY OF THE MEDICAL COLLAGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P2:- COPY OF THE LETTER OF SANCTION DT. 9.6.2000 ISSUED BY THE BANK. EXT.P3:- COPY OF THE CT SCAN REPORT. EXT.P4:- COPY OF THE MEDICAL REPORT AND PRESCRIPTIONS ISSUED BY THE VARIOUS DOCTORS. EXT.P4(a):- COPY OF THE MEDICAL REPORT AND PRESCRIPTIONS. EXT.P4(b):- COPY OF THE MEDICAL REPORT AND PRESCRIPTION. EXT.P4(c):- COPY OF THE MEDICAL REPORT AND PRESCRIPTION. EXT.P4(d):- COPY OF THE MEDICAL REPORT AND PRESCRIPTION. EXT.P4(e):- COPY OF THE MEDICAL REPORT AND PRESCRIPTIONS. EXT.P5:- COPY OF THE NOTICE DT. 14.5.04 ISSUED UNDER SECTION 13(2) OF THE SARFACI ACT. EXT.P6:- COPY OF THE POSSESSION NOTICE DT. 20.4.2005 ISSUED UNDER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002. EXT.P7:- COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DT. 20.4.05. EXT.P8:- COPY OF THE NOTICE ISSUED BY the IST RESPONDENT DT. 24.11.07. EXT.P9:- COPY OF THE ADVERTISEMENT PUBLISHED IN MATHRUBHUMI DAILY DT. 15.10.07. EXT.P10:- COPY OF THE NOTICE DT. 24.11.07 ISSUED BY THE 2ND RESPONDENT. EXT.P11:- COPY OF THE REPRESENTATION DT. 4.12.07 MADE BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.37305 of 2007 ================================== Dated this the 14th day of February, 2008. JUDGMENT Learned counsel for the first respondent submits that the petitioner could be granted certain instalments as may be decided by this Court and the matter disposed of accordingly. Under such circumstances, this writ petition is disposed of directing that if the petitioner arranges private sale of any of the items of property in distress action, the Bank will notify to the petitioner the total amount due and will permit him to have the entire amounts remitted directly to the Bank and close the transaction. Though there was a direction as per the interim order dated 17-12-2007 to consider Ext.P11 request of the petitioner, the Bank has apparently not taken any decision thereon. Having regard to the situation of the petitioner as reflected on records, it is appropriate that the WPC37305/2007 -:2:- Bank waives whole or at least a portion of the interest, penal interest and other incidentals to let the petitioner find an appropriate purchaser and arrange a private sale. Such action will be taken and communicated to the petitioner at the earliest and the petitioner shall be granted a period of six months to arrange a private sale for the property treating this as a special case in view of the physical status of the petitioner. Petitioner will however treat this as a last opportunity to liquidate the outstandings to save further distress action. Thottathil B.Radhakrishnan, Judge. sl.