KORA ABRAHAM Vs. SPECIAL SALE OFFICER

JUDGEMENT

(1.) Deceased writ petitioner was a guarantor to four loans availed by his children. Since the debtors committed default, the Bank initiated steps to recover the amount. At that stage, the petitioner filed this writ petition for quashing Exhibit P1 order, by which the properties of the petitioner were brought to sale.

(2.) This Court passed an interim order directing the petitioner to deposit Rs.55,000/- per month payable on or before 20th of every month. Admittedly, the petitioner did not comply with the condition. During the pendency of this proceedings, the writ petitioner died and his legal representatives got themselves impleaded. Counsel for the petitioners submits that even if the Court finds that Exhibit P1 cannot be quashed, a direction may be issued to the Bank to consider the request of the petitioners for One Time Settlement. The counsel appearing for the Bank opposed the prayer on the ground that the writ petitioner was a wilful defaulter and further he wilfully failed to comply with the condition imposed by this Court.

(3.) It is true that the writ petitioner failed to comply with the condition. But still, I am inclined to give one more opportunity to the petitioners to save the property from sale. In case the petitioners pay an amount of Rupees One Lakh within one month from today and file an application claiming the benefit of One Time Settlement, the Bank shall consider the same and pass appropriate orders in accordance with law.