IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 5617 of 2008(R) ------------------------- PETITIONER: --------------- A.K.MOHANAN,S/O.KUTTY, AREEKKATTU HOUSE KOLAKOZHIKKAL, SENAPATHY PO,IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------------ 1. UNION BANK OF INDIA, REPRESENTED BY ITS REGIONAL MANAGER, UNION BANK BHAVAN P.B.NO.307,M.G.ROAD, STATUE, THIRUVANANTHAPURAM. 2. ZONAL MANAGER, ZONAL OFFICE UNION BANK OF INDIA, THODUPUZHA, IDUKKI DISTRICT. 3. BRANCH MANAGER,UNION BANK OF INDIA RAJAKUMARY BRANCH, RAKAKUMARY IDUKKI DIST. BY SRI.A.S.P.KURUP, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5617 OF 2008 R ==================== Dated this the 26th day of February, 2008 J U D G M E N T In this writ petition, the request of the petitioner is for a direction to the respondents to consider Ext.P5, where he has sought for the benefit of One Time Settlement Scheme. It is seen that when proceedings were initiated against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, he had filed a writ petition in this court as WP(C) No.25722/07 and that writ petition was disposed of by Ext.P2 judgment. 2. In that judgment, he was directed to make an initial payment of Rs.1.25 lakhs and to pay the balance in four equal monthly instalments. It is submitted by the counsel for the Bank that though the petitioner has made the initial payment, the instalments have been completely defaulted. In view of this, I am satisfied that the petitioner does not deserve an order from WPC 5617/08 :2 : this court as sought for in this writ petition. 3. Inspite of the fact that the Bank has no scheme for OTS, the learned counsel for the Bank submits that if the petitioner clears atleast three of the defaulted instalments, the Bank is still willing to consider the request made by the petitioner in Ext.P5 sympathetically. 4. Taking into account the submissions made as above, I direct that if the petitioner remits three out of the 4 monthly instalments directed to be paid in Ext.P2 within a period of two weeks from today, the Bank shall consider Ext.P5 representation made by the petitioner. 5. A decision on Ext.P5 shall thereafter be communicated to the petitioner as expeditiously as possible, at any rate, within three weeks thereafter and depending on the decision so communicated, the balance amount will be paid by the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp