IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 16460 of 2010(F) -------------------------- PETITIONER(S): --------------- M.MOHANDAS, MAMPUZHI HOUSE, RESHMA INDUSTRIES AND POWER FORGING CENTER P.O.KOONATHARA, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, STATE BANK OF INDIA, VANIYAMKULAM BRANCH, OTTAPALAM. 2. THE CHIEF MANAGE, STATE BANK OF INDIA, PALAKKAD. 3. THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, PALAKKAD. BY ADV. SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.16460 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T Counsel for the petitioner is absent. The Standing Counsel for the respondents was heard. 2. The petitioner is a defaulter in repayment of loan amount due from him to the 1st respondent. In respect of the same the petitioner seeks the following reliefs: “i. issue a writ of mandamus or such other writs, order or direction directing the respondents to consider Ext.P1 request for one time settlement for the outstanding dues so as to close the entire transactions, within a time frame as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case; ii. to issue a writ of mandamus or such other writs, order or direction, directing the respondents not to dispossess the petitioner from his residential house pending disposal of Ext.P1 request for One Time Settlement as relating to the loan transactions between the petitioner as well as the respondent Bank;” 3. The learned Standing Counsel for the Bank on instructions submits that proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) have been initiated long back and possession notice was W.P.(C)No.16460 of 2010 -2- issued in 2008. A decree has also been obtained from the civil court. According to the learned Standing Counsel there is no scheme for One Time Settlement presently and therefore petitioner's request for One Time Settlement cannot be considered. In the above circumstances, there is no merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/