IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 4486 of 2011(I) ------------------------- PETITIONER(S): --------------- LATHA NAIR, W/O.LATE VIKRAMAN PILLAI, LATHA NIVAS, PATTATHANAM, KOLLAM, NOW RESIDING AT VALIYAZHIKATHU KIZHAKKATHIL HOUSE, MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, KAVANADU P.O., KOLLAM-3. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM, 695001. 2. THE PRESIDENT, KERALA STATE CO-OP. BANK, CO-BANK TOWERS, THIRUVANANTHAPURAM-695001. 3. THE MANAGING DIRECTOR, KERALA STATE CO-OP. BANK, THIRUVANANTHAPURAM-695001. 4. V.BABU, VALIYAZHIKATHU KIZHAKKATHIL, KAVANAD P.O., KOLLAM-682001. BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.4486 OF 2011 EXT.P1 A TRUE COPY OF THE JUDGMENT DATED 29.5.2009 IN W.P.(C) NO.14858 OF 2009 OF THIS HON'BLE COURT. EXT.P2 A TRUE COPY OF THE POSSESSION TAKE OVER NOTICE DATED 18.5.2009 FROM THE THIRD RESPONDENT BANK. EXT.P2(a) A TRUE COPY OF THE NOTICE DATED 25.5.2010 INFORMING THAT THE PROPERTY WAS TAKEN IN POSSESSION. EXT.P3 A TRUE COPY OF THE REPRESENTATION DATED 6.6.2010 BEFORE THE MINISTER FOR CO-OPERATION AND OTHER RESPONDENTS HEREIN. EXT.P5 A TRUE COPY OF THE AWARD DT. 26.10.2010 EXT.P6 A TRUE COPY OF THE CIRCULAR NO.49/2010 DATED 20.8.2010 EXT.P7 A TRUE COPY OF THE DETAILS FURNISHED BY THE SECOND RESPONDENT. EXT.P8 A TRUE COPY OF THE REPRESENTATION DATED NIL AND SUBMITTED IN DECMEBER, 2010. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4486 of 2011 ------------------------------- Dated this the 9th day of June, 2011 J U D G M E N T The petitioner who had availed a loan from the Kerala State Co-operative Bank has filed this writ petition mainly seeking a direction to the respondents to consider her request for benefits under the One Time Settlement scheme. Pursuant to the interim order passed by this Court on 31.3.2010, till which date, Circular No.63 of 2010 dated 23.12.2010 which extended certain benefits to the debtors like the petitioner was in force, the petitioner has deposited the sum of Rs.5 lakhs before the close of banking hours on 31.3.2011 itself. 2. Though initially the bank had taken the stand that the petitioner was liable to pay the sum of Rs.9,13,502/- for full and final settlement of the loan, the bank has now filed a statement dated 6.6.2011 through the learned standing counsel wherein it is stated that as on 31.3.2011, the petitioner was liable to pay only the sum of Rs.5,09,334/-, in terms of the stipulations contained in Circular No.63 of 2010 dated 23.12.2010. The Bank has also stated in categorical terms in the said statement that as the petitioner had already deposited the amount of Rs.5 lakhs towards the loan account, as on 31.3.2011, the balance amount due from the petitioner was Rs.9,334/-. Sri.C.Unnikrishnan, learned counsel for the petitioner W.P.(C) No.4486 of 2011 2 submitted that the petitioner will pay the said amount within one week from today. In the light of the said submission, I dispose of the writ petition with the direction that in the event of the petitioner depositing the sum of Rs.9,334/- within one week from today, the bank shall close the loan account and release the documents of title deposited by the petitioner, if they are not required to be retained in connection with any other loan availed by the petitioner or in any other loan transaction to which she is a surety. P.N. RAVINDRAN, JUDGE. nj.