IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 13425 of 2011(C) -------------------------- PETITIONER(S): ----------------------- G.MADANAN, AMBALATHARA, THIRD MILE STONE, KILIKOLLOOR P.O., KOLLAM-691004. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------ 1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KOTTIYAM, KOLLAM DISTRICT. 2. BHADRAMMA, POYIKAYIL VEEDU, T.K.M.C. POST (MEKON), KOLLAM DISTRICT. 3. THE SECRETARY, KERALA STATE VYAPARI VYAVASAI SAMITHI, MEKON UNIT, KOLLAM DISTRICT. ADV. SRI.R.S.KALKURA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13425/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER DT 22/6/99 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIOUS CENTRE, KOLLAM. EXT.P2: TRUE COPY OF THE RECEIPT. EXT.P3: TRUE COPY OF THE RECEIPT. EXT.P4: TRUE COPY OF THE RECEIPT. EXT.P5: TRUE COPY OF THE RECEIPT. EXT.P6: TRUE COPY OF THE RECEIPT. EXT.P7: TRUE COPY OF THE RECEIPT. EXT.P8: TRUE COPY OF THE RECEIPT. EXT.P9: TRUE COPY OF THE RECEIPT. EXT.P10: TRUE COPY OF THE RECEIPT. EXT.P11: TRUE COPY OF THE RECEIPT. EXT.P12: TRUE COPY OF THE RECEIPT. EXT.P13: TRUE COPY OF THE RECEIPT. EXT.P14: TRUE COPY OF THE RECEIPT. EXT.P15: TRUE COPY OF THE RECEIPT. EXT.P16: TRUE COPY OF THE RECEIPT. EXT.P17: TRUE COPY OF THE RECEIPT. EXT.P18: TRUE COPY OF THE RECEIPT. EXT.P19: TRUE COPY OF THE RECEIPT. EXT.P20: TRUE COPY OF THE RECEIPT. EXT.P21: TRUE COPY OF THE RECEIPT. EXT.P22: TRUE COPY OF THE RECEIPT. WPC NO.13425/11 -2- EXT.P23: TRUE COPY OF THE RECEIPT. EXT.P24: TRUE COPY OF THE RECEIPT. EXT.P25: TRUE COPY OF THE RECEIPT. EXT.P26: TRUE COPY OF THE RECEIPT. EXT.P27: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY VARIOUS HOSPITALS. EXT.P28: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY HOSPITALS. EXT.P29: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY HOSPITALS. EXT.P30: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY HOSPITALS. EXT.P31: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY HOSPITALS. EXT.P32: TRUE COPY OF THE DETAILS WITH REGARD TO THE TREATMENTS ISSUED BY HOSPITALS. EXT.P33: TRUE COPY OF THE COMMUNICATION DT 17.2.2011 TO THE STATE BANK OF TRAVANCORE ADALAT AUTHROITY. EXT.P34: TRUE COPY OF THE RECEIPT DT 17.2.2011. EXT.P35: TRUE COPY OF THE COMMUNICATION DT 28.3.2011 ISSUED BY THE DENA BANK, KOLLAM BRANCH. EXT.P36: TRUE COPY OF THE REPRESENTATION DT 25.4.2011 BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 13425 OF 2011 C ===================== Dated this the 20th day of June, 2011 J U D G M E N T Heard both sides. 2. In 1999, petitioner availed of a loan of `2,00,000/- from the 1st respondent. According to the petitioner, the said amount was utilized for the purpose of a business he had set up in 1995, which he says was closed down in 2006. Although he made certain payments, on account of the failure of the business as also his sickness, default was committed in the matter of repayment. Finally, he applied for the benefit of one time settlement scheme and that was allowed by the Bank for an amount of `2,25,000/-. Admittedly, even in the matter of payments in terms of the scheme, default was committed and the petitioner apprehends of recovery proceedings. It is at that stage, the writ petition is filed. In the facts as stated, it is not a case where this Court will be able to come to the rescue of the petitioner in a proceedings under Article 226 of the Constitution of India. 3. Be that as it may, it is always open to the Bank to consider the case, taking note of the circumstances in which the WPC No. 13425/11 :2 : petitioner is placed, and if they so decide, to permit the petitioner to pay the amount as originally agreed. It is seen that the petitioner has made an application in that behalf to the 1st respondent, a copy of which is Ext.P36. According to the petitioner, orders on Ext.P36 have not been passed. Therefore, I direct that, on the petitioner producing a copy of this judgment along with a copy of the writ petition, 1st respondent will consider Ext.P36 representation dated 30/4/2011 and pass orders thereon. This the 1st respondent shall do with notice to the petitioner at any rate within 4 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp