IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 409 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11234/2007 Dated 26/11/2008 .................... APPELLANT(S): PETITIONER: -------------------------------------------- T.B.BASHEER, AGED 52, S/O.ALI, NAZEEB MANZIL, HAMZA KUNJU LANE, S.R.M.ROAD, KOCHI-18. BY ADV.MR.S.SREEKUMAR RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., ERNAKULAM MAIN BRANCH, REPRESENTED BY ITS GENERAL MANAGER. 2. AUTHORISED OFFICER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., ERNAKULAM MAIN BRANCH. R1 & R2 BY ADV. MR. P.V.SURENDRANATH, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. No. 409 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner availed a project loan of Rupees Nine lakhs from the first respondent bank which is a bank registered under the Co-operative Societies Act. An amount of Rs.15,87,622/- was paid for the period from 1.12.2001 to 2.6.2008. When further demands were made, petitioner approached this court. This court directed to pay 15% of the balance due and then apply for one-time settlement scheme. It is the case of the petitioner that as per the scheme, no benefits were given. When he went to the bank only 3% of the penal interest was waived. In these circumstances, we direct the Manager of the first respondent bank to pass a speaking order showing the amount taken, amount due, interest charged with split up details and rate of interest charged, how one-time settlement was applied and what is the balance due. Petitioner also should be heard before computing the balance amount to be paid. Fresh order should be passed within one month from today. Till that, no recovery proceedings shall be taken. However, petitioner shall not alienate or encumber his immovable properties till the matter is settled. The writ appeal is disposed of accordingly. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa