IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 19995 of 2009(T) -------------------------- PETITIONER(S): --------------- THANKAPPAN K.K., AGED 63, S/O.LATE KRISHNAN, THEKKECHIRAYIL, ENATHY P.O., CHEMBU, VAIKOM. BY ADV. SRI.E.D.GEORGE SRI.P.V.ANILKUMAR RESPONDENT(S): --------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, P.B.140, PIN 686 001. ADV. SRI.T.A.SHAJI FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19995 OF 2009 ------------------------ Dated this the 24th day of July, 2009. JUDGMENT Petitioner is a defaulter to the first respondent Bank. In ARC.No.277/01, award has been passed against the petitioner. Now, by Ext.P1 demand notice petitioner has been calling upon his to discharge the liability. At this stage, this writ petition is filed contending that the petitioner had already filed Ext.P2 application for the benefit of One Time Settlement Scheme and that it was without considering the said application, proceedings for execution are initiated. 2. However, the standing counsel for the respondent Bank now points out that Ext.P2 cannot be considered as an application for the benefit of One Time Settlement Scheme, as it has been made before the Sale Officer and not before the Bank. WP(c).No.19995/09 2 3. Admittedly, Ext.P2 is addressed to the Sale Officer and not to the Bank. If that be so, I am not prepared to direct to treat it as one made before the Bank. This is for the further reason that period of the Scheme also has expired. Therefore, I cannot find fault with the Bank in not considering Ext.P2 and continuing the recovery steps by issuing Ext.P1. Be that as it may, it will be open to the petitioner to approach the Bank by making an appropriate application for waiver of penal interest, in which event it shall be considered and needful shall be done. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19995/09 3