IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 27664 of 2011(G) --------------------------------- PETITIONER(S): -------------------- VIJAYAN N.K., S/O.SANKARAN NAIR, NJAREKKAT HOUSE, KIRALOOR P.O., THRISSUR DISTRICT. BY ADVS. SRI.TONY CHACKO SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): -------------------- 1. STATE BANK OF TRAVANCORE, THRISSUR ROUND SOUTH BRANCH, P.B.NO.118, PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR - 680 001, REP. BY ITS CHIEF MANAGER (SARC). 2. THE REGIONAL MANAGER, STATE BANK OF TRAVANCORE, THRISSUR ROUND SOUTH BRANCH, P.B.NO.118, PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR - 680 001. R1 & 2 BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 27664/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF PETITIONER'S CAR BEARING NO.KL-48 2682. P2: COPY OF THE DEMAND NOTICE UNDER FORM-1 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 02/06/2011. P2(a):COPY OF THE NOTICE OF DEMAND UNDER FORM 10 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT.2/6/11. P3: COPY OF THE JUDGEMENT DT.21/7/2011 IN WPC.17155/2011 OF THIS HON'BLE COURT. P4: COPY OF THE STATEMENT OF LOAN ACCOUNT ISSUED BY THE IST RESPONDENT TO THE PETITIONER DT.9/7/2011. P5: COPY OF THE STATEMENT OF LOAN ACCOUNT ISSUED BY THE IST RESPONDENT DT.29/9/2011. P6: COPY OF THE REPRESENTATION DT.30/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27664 of 2011 G ``````````````````````````````````````````````````````````` Dated this the 8th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner had availed of a loan from the respondents for purchasing a vehicle. After availing the said loan of `3.7 lakhs, default was committed by him. According to the petitioner, pursuant to Ext.P3 judgment, statement of account was issued and he made certain payments. Thereafter, on 29.09.2011, first respondent issued a statement of account showing that the outstanding of the petitioner was more than `99,000/-. When this was received by the petitioner, he submitted Ext.P6 representation before the second respondent to close the loan on payment of `1 lakh. The bank did not respond to Ext.P6. It is in these circumstances, the writ petition is filed. 2. Though, according to the Standing Counsel, offer made by the petitioner will not suffice to discharge the loan, in my view, when the petitioner made an offer to close the W.P.(C) No.27664/2011 : 2 : loan account, the bank should have considered the same, replied to the petitioner and conveyed the terms which are acceptable to it. Since this has not been done by the bank, I direct the bank to consider Ext.P6 representation made by the petitioner and give a reply to him. This shall be done within four weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/08/11 // True Copy // P.A. To Judge