IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4375 of 2011(V) ------------------------- PETITIONER(S): --------------- B.SUKESH, T.C.10/1088, KRWA 16-A, KAVALLOOR LANE, VATHYARKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. THE STATE CO-OP. BANK LTD., P.B.NO.6515, CO-BANK TOWER, PALAYAM, REP. BY ITS MANAGING DIRECTOR-695001. 2. THE MANAGER, THE STATE CO-OP. BANK, MAIN BRANCH CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695001. 3. THE SENIOR MANAGER, THE STATE CO-OP. BANK, MAIN BRANCH CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695001. 4. THE DEPUTY DIRECTOR, DIRECTORATE OF CENSUS, OPERATIONS, KERALA, C.G.O.COMPLEX, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM-695001. 5. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, VANCHIYOOR, THIRUVANANTHAPURAM-695001. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1 TO 3 GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.4375 of 2011 ----------------------------------------- Dated this the 11th day of February, 2011 JUDGMENT The petitioner had availed a loan from the main branch of the Kerala State Co-operative Bank Limited at Palayam in Trivandrum. When the petitioner defaulted repayment of the loan, the bank filed ARC No.56 of 2002 before the Arbitrator. By Ext.P8 award passed on 30.7.2010 the Arbitrator permitted the bank to realise the sum of Rs.79,748/- with interest at 13% per annum from 1.10.2001. The Arbitrator also permitted the bank to realise the entire amount from the salary of the defendants and the pensionary benefits due to them and also by sale of the movable and immovable properties belonging to the defendants if the defendants do not remit the amount awarded by the Arbitrator. The petitioner has not challenged Ext.P8 award by filing an appeal before the Kerala Co-operative Tribunal and it has become final. In this writ petition the petitioner seeks a direction to the bank and its officers to permit him to settle the loan in accordance with the terms and stipulations in Ext.P10. 2. The pleadings disclose that a one time settlement scheme introduced by Ext.P10 government order dated W.P(C).No.4375 of 2011 -:2:- 23.12.2010 with effect from 1.1.2011 is presently in force. The petitioner ought to have, in such circumstances, approached the bank and claim the benefits of the said scheme, instead of seeking the intervention of this Court. The learned standing counsel appearing for the first respondent bank submitted that if the petitioner approaches the concerned Branch Manager and makes a request to extend to him the benefit of Ext.P10 scheme the bank will consider the same and take an appropriate decision in the matter. In such circumstances as the petitioner is yet to move the bank claiming the benefit of the one time settlement scheme, I dispose of the writ petition with the observation that in the event of the petitioner approaching the concerned Branch Manager of the first respondent bank seeking the benefit of Ext.P10 circular the bank shall consider the said request and take an expeditious decision thereon, if the petitioner expresses his willingness in writing to comply with the requirements of the said circular. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.4375 of 2011 ---------------------------- JUDGMENT 11th February, 2011