IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26119 of 2011(L) -------------------------- PETITIONER: --------------- S.RAVI, S/O.SHANKARA PILLAI, PADIONJATTEKALLUPURA VEEDU, VETTILATHAZHAM CHERRY, THRIKKOVILVATTOM, DECENT JUNCTION, KOLLAM. BY ADV. MR. C.RAJENDRAN MS. R.S.SREEVIDYA RESPONDENTS: --------------- M/S.CANARA BANK, CHINNAKKADA BRANCH, KOLLAM DISTRICT 691 001. REPRESENTED BY ITS SENIOR MANAGER. BY STANDING COUNSEL MR. P. GOPINATHAMENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26119 OF 2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNTS FOR A PERIOD FROM 08.02.2007 TO 17.03.2009. EXHIBIT P2. A TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOKULAM MEDICAL COLLEGE HOSPITAL DATED 11.10.2010. EXHIBIT P3. A TRUE PHOTOCOPY OF THE NOTICE DATED 20.08.2011. RESPONDENTS' EXHIBITS /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 26119 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 03rd October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To issue a writ in the nature of mandamus or any other appropriate writ order or direction compelling and commanding respondent not to initiate any steps to realize the amount pursuant to Exhibit P3. ii. To issue a writ of mandamus directing the respondents to give the petitioner all the benefits of one time settlement, and all other schemes rules and regulations etc. iii. To declare that the industry of the petitioner as a sick unit and to give moratorium for a period sufficient for the petitioner to pick up his business. v. To grant such other reliefs this Hon'ble court may deem fit and proper to grant in the facts and circumstances of the case. 2. The learned counsel for the petitioner submits that, the default in satisfying the amount to the bank under the loan transaction was never wilful and that the petitioner is ready and willing to remit the amount availing the benefit of 'One Time Settlement' and that the amount shown in Ext. P3 notice is however not correct. 3. The learned standing counsel appearing for the respondent Bank submits that, Ext. P3 is only a notice showing the details of the W.P. (C) No. 26119 of 2011 : 2 : outstanding liability and no coercive proceedings have been taken till date in this regard. It is also stated that, if the petitioner approaches the Bank for installment facility or such other reliefs, the same can be considered and appropriate orders will be passed thereon in accordance with law. 4. In the light of the above submission, no further orders require in this Writ Petition. The submission as above is recorded and the Writ Petition is disposed of, with liberty for the petitioner to approach the Bank seeking for appropriate relief within two weeks from the date of receipt of a copy of this judgment. On which event, it is for the respondent to consider the same and pass appropriate orders in accordance with law, extending the benefits to the permissible extent. Sd/ P. R. RAMACHANDRA MENON, JUDGE kmd