IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38135 of 2010(N) -------------------------- PETITIONER(S): --------------- BINOY JOSEPH, S/O.JOSEPH, AGED 45 YEARS, THEKKEADICHIRAYIL HOUSE, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.O.C.LAIJU SRI.RAFFEEKH KOTTAKKAL RESPONDENT(S): --------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, HEAD OFFICE, KOTTAYAM-686 502. 2. THE SECRETARY, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, HEAD OFFICE, KOTTAYAM-686 502. ADV.SRI.T.A.SHAJI, STANDING COUNSEL-R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.38135 of 2010 ---------------------------- Dated 23rd December, 2010 JUDGMENT The petitioner has availed a loan of Rs.3,00,000/- from the first respondent bank. Continued default in repayment compelled the first respondent to take coercive steps to realise the amount due against the said loan account. As part of the same Ext.P2 notice was issued to the petitioner. On receipt of Ext.P2 the petitioner has submitted Ext.P3. The grievance of the petitioner is that despite the receipt of Ext.P3 representation the respondents are proceeding further with Ext.P2 and in fact, have already taken symbolic possession of the property belonging to the petitioner mortgaged with the first respondent. It is in the said circumstances that this writ petition has been filed. 2. I have heard the learned counsel appearing for the petitioner as also the learned standing counsel for the respondents. 3. The learned standing counsel submitted that as on 21.11.2010 an amount of Rs.4,10,008/- is outstanding towards the aforesaid loan account. The petitioner is bound to discharge the liability. The prayer of the petitioner in this writ petition is to direct the respondents to consider Ext.P3 and also to allow one time settlement The question whether the petitioner could be permitted to avail one time WP(C).No.38135/2010 2 settlement is a matter to be considered by the first respondent, subject to the existence of such a scheme. Therefore, in case the petitioner pays an amount of Rs.1,00,000/- within one month from today, it will be open to the petitioner to file a representation before the first respondent for getting the benefit of one time settlement, if available, as also for instalment facility. To enable the petitioner to effect the said payment and submit a representation, the respondents shall keep in abeyance all coercive steps pursuant to Ext.P2 for a period of 45 days. In case the petitioner pays the amount as directed above within the stipulated time and then makes a representation, the respondents shall consider the same and pass appropriate orders. It is made clear that in case of failure on the part of the petitioner to comply with the directions as above, it will be open to the respondents to proceed against the petitioner in terms of Ext.P2. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS