IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No.3057 of 2009 (L) --------------------------------- OS.1284/1996 of III ADDL. M.C.,THRISSUR .................... PETITIONER: --------------- GOPI.T.K., THENGAMOOCHI HOUSE KAINOOR PO., THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------------ 1. DEPUTY GENERAL MANAGER, CATHOLIC SYRIAN BANK LTD., KUTTANELLUR BRANCH, THRISSUR. 2. GENERAL MANAGER, RESERVE BANK OF INDIA BAKERY JN, TRIVANDRUM. S.C. FOR CATHOLIC SYRIAN BANK LTD. SRI.K.ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.3057 of 2009 ------------------------------------------------ Dated this the 29th day of January, 2009 JUDGMENT The only contention of the petitioner is that the respondent/Catholic Syrian Bank is not considering their request for One Time Settlement and they are proceeding with execution of the decree in O.S.1284/96 obtained by them against the petitioner. The petitioner has also sought for stay of proceedings in execution. 2. It is seen that the property belonging to the petitioner is being brought to sale for a debt of Rs.1,65,454/-. The decree is one that has been passed as early as on 20/11/97. There was enough time for the petitioner to get appropriate direction invoking the jurisdiction of this Court under Article 226 of the Constitution of India directing the Bank to consider their application for One W. P. C. No.3057 of 2009 -2- Time Settlement. However, Standing Counsel for Catholic Syrian Bank enters appearance for the respondent and submits that he will get instructions from the Bank. The counsel may instruct the Bank to consider the application filed by the petitioner for One Time Settlement and pass appropriate orders within a period of two weeks from today. The petitioner shall go over to the concerned branch of the Bank and obtain copy of the order under proper acknowledgment from the Branch Manager of the Bank on 16th of February, 2009. If time is granted for One Time Settlement granting some concessions to the petitioner, he shall discharge the entire debt within the said period and only if the amount is not paid within the said period need the respondent/decree holder proceed with sale of the property. Till then, the execution proceedings shall stand stayed. W. P. C. No.3057 of 2009 -3- 3. This Writ Petition is thus disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-