IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 25286 of 2007(I) --------------------------------------- PETITIONER: -------------------- A.K.NARAYANAN,S/O.KRISHNAN, AGED 64 YEARS, RESIDING AT ASWATHY, MUTTAMBALAM KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK., REP.BY HIS GENERAL POWER OF ATTORNEY HOLDER MOHAN BOSE,S/O.NARAYANAN,AGED 51 YEARS, RESIDING AT VAZHAKULATHU HOUSE,PARIYARAM KARA, PUDUPPALLY VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------------------- 1. THE FEDERAL BANK LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REG.OFFICE, ALUVA. 2. THE FEDERAL BANK LTD., REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, THEKKUNGAL BUILDING, T.B.ROAD, KOTTAYAM-1. 3. E.M.SURESH, S/O.DEVASSYA, ELAMPALLIL HOUSE, AMAYANNUR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. 4. PUSHPA SURESH, W/O.E.M.SURESH, ELAMPALLIL HOUSE, AMAYANNUR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH BY ADV. SRI.MOHAN JACOB GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25286/2007 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTERED POWER OF ATTORNEY BEARING NO.347/2004 OF KOTTAYAM ADDL.SRO DTD. 11/08/2004. EXT.P2: COPY OF THE SALE DEED DTD. 3/07/2004. EXT.P3: COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF THE LOAN AVAILED BY THE 3RD RESPONDENT FROM THE AYARKUNNAM SERVICE CO-OPERATIVE BANK. EXT.P4: COPY OF THE JUDGMENT DTD. 6/01/2005 IN WP(C) NO.383/2005. EXT.P5: COPY OF THE PLAINT IN O.S.NO.526/2004 ON THE FILE OF THE SUB COURT, KOTTAYAM. EXT.P6: COPY OF THE NOTICE DTD. 24/05/2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 3/08/2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 25286 of 2007 ------------------------------------- Dated: January 25, 2008 JUDGMENT Petitioner is a defaulter to the respondent bank and in this writ petition all that the petitioner seeks is a direction to the respondent bank to consider Ext.P7 application made by him for one time settlement of his liability. It is submitted that the application is still pending with the bank without a decision taken thereon. 2. Taking into account the submission made by the learned counsel for the petitioner, I dispose of this writ petition directing that the 2nd respondent will taken a decision on Ext.P7 application made by the petitioner on condition that the petitioner remits an amount of Rs.1 lakh within four weeks from today. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-