IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 778 of 2009(P) ------------------------ OA.117/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- 1. NIGHTINGALE COLLEGE OF NURSING (KERALA) PVT.LTD, HAVING ITS REGISTERED OFFICE AT CRRA-45 TC 27/2188, CHIRAKULAM ROAD, BEHIND GPO, TVM REP. BY ITS MANAGING DIRECTOR, SREEKUMARI AMMA AGED 43, D/O.CHLLAMMA AMMA,OFFICE AT CRRA-45,TC 27/2188,CHIRAKULAM ROAD, BEHIND GPO,TVM. 2. SPECIALITY HOSPITAL GROUP (P) LTD GOVERNMENT COLLEG ROAD, NEDUMANGAD PO, TRIVANDRUM REP. BY ITS MANAGING DIRECTOR,K.VINODKUMAR,AGED 48 S/O.KUTTAN NAIR, OFFICE AT SPECIALITY HOSPITAL GROUP (P) LTD, GOVERNMENT COLLEGE ROAD, NEDUMANGAD PO, TRIVANDRUM. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- BANK OF INDIA ,ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS, KALOOR, KADAVANTHARA KALOOR ROAD, KOCHI-17 REPRESENTED BY ITS AUTHORISED OFFICER AND CHIEF MANAGER. ADV. SRI.C.A.JOY, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.778 OF 2009 ------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Though different grounds were raised in this writ petition, today, the submission on behalf of the petitioners is confined to a request for modification of the terms of the last paragraph of Ext.P6, having regard to the peculiar facts and circumstances and the nature of the activity of the first petitioner. Taking that into consideration as also the time frame within which the application for One Time Settlement could be considered, it is directed that if the petitioners submit the necessary papers for settlement to the competent authority in the bank by 10.2.2009, it will be forwarded to the appropriate authority for further consideration, subject to the condition that the petitioners will make remittance of 25% of the dues, to be kept in a non-lien account, by the last working day of February, 2009. On such deposit, the bank will have the settlement processed and concluded upon. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.