IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 723 of 2009(J) -------------------------------- PETITIONER(S): --------------------- K.MOHAN, K.N.K.HOUSE, KAYIYAPURAM, TRIVANDRUM. BY ADV. SRI.M.DINESH RESPONDENT(S): ----------------------- THE MANAGER UNION BANK OF INDIA, KAZHAKUTTAM BRANCH TRIVANDRUM DISTRICT. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.723 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2009. JUDGMENT This writ petition is filed seeking a direction to the respondent bank to receive the amount covered by Ext.P3 and close the loan transaction. The learned counsel for the bank states that the petitioner had availed two loans and Ext.P3 relates only to one transaction. According to the learned counsel for the bank, the total amounts outstanding, as of now, in both the loans together are much above that reflected in Ext.P3. It is also stated that the petitioner did not avail the OTS facility that was extended to him on an earlier occasion and with the passage of time, all that the petitioner can aspire is to pay off the entire outstandings by adding on interest to the OTS amounts as originally fixed or otherwise, face the consequences of recovery WP(C)723/2009 -: 2 :- of the entire outstandings without OTS benefit. The confusion of the petitioner, as of now, appears to be only because while he states that he received only Ext.P3, the bank states that the transaction reflected in Ext.P3 is not the only loan. Under such circumstances, the petitioner is directed to appear before the respondent on 9-2-2009 or make representation through an authorized representative so that the respondent can give the petitioner information regarding the total amount due for settlement in terms of OTS with the accruals thereon so that the petitioner may choose to liquidate the outstandings at the earliest and avoid further accrual of incidentals. On such appearance, he will be given a statement by the bank regarding the outstandings. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050209