IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 37541 of 2007(T) --------------------------------------- PETITIONER: ------------------ V.P.RADHAKRISHNAN, S/O.V.P.APPUKKUTTAN, VALIYAPURACKAL HOUSE, MALAPPURAM. BY ADV. SMT.JAYASREE MANOJ SRI.M.RISHIKESH SHENOY RESPONDENTS: ----------------------- 1. THE MALAPPURAM SERVICE CO-OPERATIVE BANK LTD., MALAPPURAM REP. BY ITS SECRETARY. 2. THE SECRETARY, MALAPPURAM SERVICE CO-OPERATIVE BANK LTD., 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM. R1 & R2 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37541/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 31.7.01 OF THE 3RD RESPONDENT IN ARC NO.235/2000. EXT.P2:- COPY OF THE PROCLAMATION SCHEDULE FILED BY THE 1ST RESPONDENT BANK IN EXECUTION PETITION NO.76/06 OF SUB COURT, MANJERI. EXT.P3:- COPY OF THE CIRCULAR NO.30/07 DT. 3.5.07 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES. EXT.P4:- COPY OF THE LETTER DT. 11.4.07 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P5:- COPY OF THE REPRESENTATION DT. 5.12.07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6:- COPY OF THE REPLY DT. .7.12.07 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No. 37541 of 2007 ================================== Dated this the 18th day of February, 2008. JUDGMENT It is submitted by the learned counsel on either side that in the Adalat it has been agreed that the petitioner can liquidate the entire outstandings on payment of Rs.9,40,000/-. It is also submitted that an amount of Rs.4,50,000/- had already been paid and that remaining portion will be paid by the end of this month. 2. Under such circumstances, this writ petition is disposed of directing that if the petitioner remits the amounts as aforesaid, the loan will be treated as closed. However that, if such remittance is not made and he violates the conditions under the One Time Settlement WPC37541/2007 -:2:- Scheme, the petitioner will be liable to pay the entire outstandings as if the OTS Scheme does not apply. Thottathil B.Radhakrishnan, Judge. sl.