IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WA.No. 953 of 2008() -------------------- (JUDGMENT IN W.P.(C) NO.8969/2008 DT.17.3.2008) APPELLANT: PETITIONER --------------------- DIVAKARAN NAIR, AGED 54, S/O.GOVINDAN NAIR, MANAGING PARTNER, SANDHYA TOURIST COMPLEX, CHANGANASSERY, KOTTAYAM. BY ADV. SRI. JOHNSON MANAYANI RESPONDENTS: RESPONDENTS ------------------------ 1. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE BANK LTD., TRIVANDRUM. 3. THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, OVERBRIDGE JUNCTION, TRIVANDRUM. 4. THE STATE OF KERALA, REP. BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 TO 3 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK R4 BY G.P. SMT.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & S.SIRI JAGAN, JJ. .................................................................... Writ Appeal No.953 of 2008 .................................................................... Dated this the 25th day of April, 2008. JUDGMENT C.N.Ramachandran Nair, J. Even though we do not find anything wrong with the judgment under appeal, in view of the undertaking by the petitioner to clear the balance arrears within two months from today, we feel one more opportunity can be given to the petitioner, more so, because petitioner has paid substantial amount. The Writ Appeal is accordingly disposed of granting time to the petitioner till 30.6.2008 to settle full liability, failing which there will be direction to the petitioner to hand over possession of the hotel building to the first respondent and if petitioner neither settles liability nor hands over possession to the first respondent for sale in recovery proceedings, the first respondent can move this court for initiating contempt against the petitioner as the Writ Appeal is disposed of based on undertaking of the petitioner. C.N.RAMACHANDRAN NAIR Judge S.SIRI JAGAN Judge pms