IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 10967 of 2008(E) -------------------------- PETITIONER(S): --------------- P.S.KAJA MOHAMMED, RESIDING AT PALLITHODI HOUSE, VADAKARA KALAM, KARIPPALI P.O., PATTANCHERRY (VIA), PALAKKAD 678 532. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE SPECIAL SALE OFFICER, TATTAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED, NO.P-502, TATTAMANGALAM, PALAKKAD DISTRICT. (*) ADDL.R2 TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO.P.502, TATTAMANGALAM (*)ADDITIONAL RESPONDENT NO.2 IMPLEADED AS PER ORDER DATED 01/04/2008 IN W.P.(C). GOVERNMENT PLEADER, SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10967/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of December, 2010 J U D G M E N T The writ petition is filed by the petitioner challenging recovery steps initiated by the Bank, namely, Tattamangalam Service Co-operative Bank, the second respondent herein. At the time of filing of the writ petition, the amount sought to be recovered was Rs.8,10,514/-. According to him, he had remitted substantial amount also. He had filed an application for the benefit of One Time Settlement Scheme as per Ext.P2. This Court on 01/04/2008 granted an interim direction that if the petitioner remits an amount of Rs.4 lakhs in two instalments payable on or before 25th of every month commencing from April 2008, the impugned distress action will stand suspended for three months. 2. The learned counsel for the petitioner submitted that the petitioner could not comply with the direction. Therefore, what remains is only a consideration of the claim of the petitioner for any benefit under the one time settlement scheme. If so far the bank has not considered the same, there will be W.P.(C). No.10967/2008 -:2:- a direction to the second respondent bank to consider the application and inform the petitioner whether he is entitled to get any benefit under O.T.S. Depending upon the out come, the bank can proceed with the recovery proceedings. If any benefits have been conferred upon the petitioner already, no further action will be required. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms