IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27982 of 2008(F) ---------------------------------------- PETITIONER: --------------------- K.S.CHANDRABOSE, AGED 43 YEARS, S/O.LATE SIVASANKARAN NAIR, XL/721, III FLOOR, GOURI MANDIRAM, HOSPITAL ROAD, ERNAKULAM, KOCHI-682011. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENTS: ------------------------- 1. STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, R.S.BUILDING, M.G.ROAD, ERNAKULAM. 2. STATE BANK OF INDIA, ERNAKULAM BRANCH, K.T.D.C. BUILDING, SHUNMUGHAM ROAD, KOCHI-31. ADV. SRI.K.K.CHANDRAN PILLAI, SC, SBI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27982 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2008. JUDGMENT Petitioner has necessarily to stand tied down to the terms of Ext.P4 judgment unless varied by grant of relief in discretion, as regards the conditions imposed in that judgment. The plea of the petitioner that he is entitled to the facility of an OTS Scheme was repelled by the learned Judge in Ext.P4 judgment noticing that the bank does not have any OTS Scheme. The directions contained in the last paragraph of Ext.P4 judgment were obeyed, it is stated, only to the tune of Rs.11 lakhs or so, out of an amount of more than Rs.13 lakhs. Under such circumstances, without prejudice to the right of the petitioner to move for any further orders on Ext.P4, I deem it inappropriate to issue any further orders on a new writ petition and WP(C)27982/2008 -: 2 :- thereby, to hold back the recovery proceedings. The writ petition fails and the same is accordingly dismissed without prejudice to the right, if any, of the petitioner to move for any further relief as regards Ext.P4 judgment either by way of enlargement of time or otherwise. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240908