IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10381 of 2011(W) ---------------------------------------- PETITIONER(S): ------------------------ KUNJUMON, AGED 65 YEARS, S/O. UNNUNNY, PUTHENPURAKKAL HOUSE, KADAMPANAD P.O., PATHANAMTHITTA-691 552. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------------------- 1. THE CATHOLIC SYRIAN BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER & DEPUTY ZONAL MANAGER, ZONAL OFFICE, P.B.NO.11, ARCHANA BUILDINGS, STATUE ROAD, THIRUVANANTHAPURAM-691 003. 2. THE SENIOR MANAGER, THE CATHOLIC SYRIAN BANK LTD., ADOOR BRANCH, P.B.NO.7, FATHIMA TOURIST COMPLEX, ADOOR-691 523. R1 & R2 BY ADV.SRI. R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 10381 of 2011 --------------------------------- Dated this the 31st day of March, 2011 JUDGMENT In this writ petition the petitioner is challenging Ext.P2 letter issued by the respondent Bank wherein the petitioner was permitted to settle the arrears in the loan account by payment of a total sum of Rs.12 lakhs, as full and final settlement of the account, on or before 25.3.2011. According to the petitioner, he is not in a position to make payment of the said amount in a lump sum, before the date stipulated. The petitioner is not seeking any statutory relief nor the settlement of arrears is a matter coming within the purview of the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). Hence this court may not be justified in giving any relaxation with respect to the terms of settlement. 2. However, it will be left open to the petitioner to WP(C) .10381/2011 2 approach the respondent Bank seeking relief as stated above and the dismissal of this writ petition will not stand in the way of the respondent Bank considering such request. 3. Therefore the writ petition is dismissed with the observations as contained above. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .10381/2011 3