IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WA.No. 1106 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7747/2009 Dated 02/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ P.G.RAVI, 50 YEARS, W/O GOPALAN, POOVASSERY HOUSE, P.O.KAIPARAMBU, THRISSUR(PROPRIETOR, P.G.R.DIAMONDS, ANJOOR, MUNDOOR P.O., THRISSUR) BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY THE AUTHORISED OFFICER, (THE ASST. GENERAL MANAGER - RASMECCC), 2ND FLOOR, MAHESWARI BUILDINGS, M.G.ROAD, THRISSUR-1. 2. SANKARAN, 70 YEARS, S/O PARAN, CHEROTH HOUSE, P.O.KAIPARAMBU, THRISSUR-680546. SRI.K.K.CHANDRAN PILLAI., S.C., R1. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1106 of 2009 ---------------------------------------------- Dated 29th July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner. The writ petition was filed with the following prayers :- “(1) Grant an interim stay upon the securitisation proceedings against the petitioner till the communication of the decision on the proposal to restructure/reschedule the loan account. (2) Direct the first respondent to give a sympathetic consideration to the Ext.P5 request submitted by the petitioner through his counsel within a shortest, definite time frame in compliance with the ”Code of bank's commitment to micro and small enterprises.” The learned Single Judge dismissed the writ petition without prejudice to the liberty to the petitioner to approach the Banking Ombudsman. According to the petitioner, he is entitled for the benefits under the Nursing/Debt Restructuring Programme under the Code of bank's commitment to micro and small enterprises. It is submitted that the petitioner has already remitted an amount of Rs.5,00,000/- (Rupees five lakhs only) after the dismissal of the writ petition. However, taking note of the huge arrears, we are of the view that the petitioner should make some more payments WA NO.1106/2009 2 before the Bank considers the request. Therefore, we set aside the judgment of the learned Single Judge and dispose of the writ petition as follows :- In the event of the petitioner paying an amount of Rs.10,00,000/- (Rupees ten lakhs only) within two months from today and filing an appropriate representation for the benefits under the scheme referred to above within the said period, the matter will be considered by the Bank with notice to the petitioner within another one month. Subject to the payment as above, and filing the representation, further proceedings will be deferred till the Bank takes a decision as per the scheme referred to above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1106 of 2009 ---------------------------------------------- J U D G M E N T Dated 29th July, 2009.