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 FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 2378 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.30712/2008 Dated 17/10/2008 .................... APPELLANT/PETITIONER ------------------------------------ ANTONY, S/O.LATE LONAPPAN, AGED 50 YEARS, LOMA HOUSE, ASRAMAM WARD, AVALOOKUNNU P.O., ALAPPUZHA. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE AUTHORISED OFFICER (THE CHIEF MANAGER), THE FEDERAL BANK LIMITED, REGIONAL OFFICE, RAIBAN SHOPPING COMPLEX, WEST OF MEDICAL COLLEGE JUNCTION, ALAPPUZHA. 2. THE FEDERAL BANK LIMITED, THUMPOLLY BRANCH, REPRESENTED BY ITS MANAGER. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 2378 of 2008 ------------------------------------------ Dated, this the 20th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ appeal arises from the judgment of the learned Single Judge dated 17th October, 2008 in W.P.(C) No.30712 of 2008 regarding the liability of the appellant to the second respondent Bank and its proceedings. 2. During the course of arguments, it is brought to our notice that as on 31.3.2009 a sum of Rs.4,77,000/- will be due from the appellant to the second respondent Bank. In view of the submission of the learned counsel for the appellant that he is seeking for One Time Settlement facility, in the interests of justice, we deem it proper to direct the appellant to make payment of Rs.2,50,000/- on or before 31.3.2009 to show his bona fides and submit a fresh application for One Time Settlement facility within one month thereof. If such an application is filed, the Bank is W.A. No. 2378 of 2008 - 2 - directed to consider and dispose of the same within one month from the date of receipt of the application. It is needless to say that recovery proceedings till such decision shall be deferred. Writ appeal stands disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk.