IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 14494 of 2008(A) -------------------------- PETITIONER: ------------ JOSEPH POTHEN, ST.JOSEPH GARDEN, KADALMAD.P.O., WAYANAD DISTRICT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT: ------------- STATE BANK OF INDIA, KAINATTY BRANCH, WAYANAD DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14494 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th July, 2008. J U D G M E N T The petitioner availed of a loan of Rs. 7.25 lakhs from the respondent in 1996-1997. Although, the petitioner repaid a portion of the amount, the petitioner defaulted repayment of the monthly instalments. Therefore, the respondent filed O.A.No. 192/2003 before the Debt Recovery Tribunal for recovery of an amount of Rs. 10,66,104/-. While the O.A was pending, the respondent agreed to accept an amount of Rs. 9 lakhs in full payment of the loan account. But the petitioner did not pay the full amount, but only paid Rs. 7.6 lakhs. Since the balance amount was not paid as per the settlement, the Bank continued with the O.A, which resulted in an award against the petitioner. The award amount is much more than Rs. 9 lakhs. The petitioner now submits that the petitioner is prepared to pay the balance amount of Rs. 1.4 lakhs out of Rs. 9 lakhs with interest and the Bank may be directed to accept the same as in full and final settlement of the loan account. This is opposed by the learned counsel for the Bank. He would submit that they are agreed for settlement of the account by accepting Rs. 9 lakhs only on condition that the same would be paid within the period stipulated, which the petitioner has not done. According to the Bank, now the petitioner is bound to pay the amount awarded by the Debt Recovery Tribunal with interest from 19-7-2005 onwards. 2. In the above circumstances, the petitioner has filed Ext. P2 representation before the respondent. The petitioner would submit that he has supplemented that representation with another representation filed yesterday. The petitioner seeks a direction to the respondent to consider and pass orders on those representations expeditiously. After hearing both sides, I dispose of this writ petition with a W.P.C. No. 14494/2008. -: 2 :- direction to the respondent to consider and pass orders on Ext. P2 representation and the other representation stated to have been filed by the petitioner, if received, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Learned counsel for the Bank points out that Ext. P2 representation is addressed to the General Manager of the branch at Thiruvananthapuram. I make it clear that it would be open to any competent officer of the Bank to consider the same. S. Siri Jagan, Judge. Tds/