IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 34434 of 2009(Y) -------------------------- PETITIONERS: --------------- 1. K.G.PAVADA, AGED 60 YEARS, SREENIKETHAN, TATTATHUMALA P.O, HARIKU, THIRUVANANTHAPURAM DISTRICT. 2. HARISANKAR, S/O.K.G.PAVADA, AGED 31 YEARS, SREENIKETHAN, TATTATHUMALA P.O, HARIKU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENTS: --------------- 1. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, EAST FORT, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE PRESIDENT, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, EAST FORT, THIRUVANANTHAPURAM. BY ADV. SRI.K.G.RADHAKRISHAN,SC,TVM.DIST.CO.OP. BANK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34434 of 2009(Y) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE NOTICE DATED 15.10.2009 ISSUED BY THE RESPONDENT BANK EXT.P2 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER FOR AVAILING THE BENEFITS OF O.T.S. SCHEME. /true copy/ P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 34434 OF 2009 ......................................................................... Dated this the 2nd September , 2010 J U D G M E N T The petitioners have approached this Court seeking for a direction to be issued to the respondent Bank to consider Ext. P2 application preferred by the petitioners for availing the benefit of 'OTS' and to enable them to satisfy the liability under the loan transaction. 2. When the matter came up for consideration before this Court on 01.12.2009, the Standing Counsel took notice who was required to get instruction as to the amounts acceptable for the Bank to have the liability settled under the 'OTS'. When the matter came up for consideration on 11.12.2009, there was no representation for the Bank and taking note of the situation, the coercive steps were intercepted by this Court on condition as specified. 2. No counter affidavit has been filed till this date from the part of the respondents. There is no representation on behalf of the Bank today as well. In the above circumstances, the W.P.(C) No. 34434 OF 2009 2 respondents are directed to consider and pass appropriate orders on Ext. P2 application in accordance with the relevant provisions of 'OTS', which is stated as in existence, by the learned Counsel for the petitioners. Final orders, as aforesaid, shall be passed in terms of the scheme as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of the judgment . The petitioners shall produce a copy of the judgment before the respondents. The assurance and undertaking made by the petitioners through the learned Counsel that the petitioners are ready and willing to clear the amount in terms of 'OTS' scheme is recorded. The Writ Petition is disposed of making it clear that further coercive steps shall be kept in abeyance till the proceedings are finalised as above. P.R. RAMACHANDRA MENON, JUDGE. lk