IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 14486 of 2009(E) -------------------------- PETITIONER(S): ------------------ C.KRISHNA DAS, S/O. CHELLAPPAN PILLAI, KRISHNA VILASAM, CHIRAKKARATHAZHAM P.O., CHIRAKKARA, KOLLAM DIST. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR, JOINT REGISTRAR OFFICE KOLLAM, KOLLAM DIST. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY ARBITRATOR -CUM- SALE OFFICER, PARAVOOR SNVRC BANK LTD., NO. 1685, PARAVOOR, KOLLAM. 4. PARAVOOR SNV REGIONAL CO-0P BANK LTD., NO. 1685, REP. BY ITS SECRETARY, PARAVOOR KOLLAM. ADV. SRI.B.SURESH KUMAR FOR R4 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 14486 OF 2009 (E) ===================== Dated this the 4th day of June, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to extend the benefit of One Time Settlement Scheme by accepting Rs.3.5 lakhs in settlement of the liability. 2. Petitioner had availed of loan from the 4th respondent. Default was committed and proceedings were initiated before the Arbitrator. Award was passed enabling the 4th respondent to realise its dues. Petitioner submits that subsequently, he took up the matter before the Adalath and that a settlement was arrived at between himself and the 4th respondent agreeing to liquidate the liability by paying Rs.3.5 lakhs before 31/3/2009. According to him, he could not raise the money in time and therefore, he moved Ext.P4 before the Government for enlarging the time, which was forwarded to the 2nd respondent as per Ext.P5. Complaining that no decision has been taken on Ext.P5, the writ petition is filed. 3. Standing counsel appearing for the 4th respondent has obtained instructions in the matter. On instructions, it is stated that in terms of the OTS that was in vogue till 31/3/2009, petitioner ought to have paid an amount of Rs.4,24,345/- and that he did not WPC 14486/09 :2 : make such payment. It is stated that no agreement or settlement has been arrived at before the Adalath as claimed by the petitioner and as the OTS period also has expired on 31/3/2009, Bank is not in a position to extend any concession to the petitioner at this distance of time. 4. Learned Government Pleader also confirms that the period of the OTS scheme expired on 31/3/2009 and subsequent to that no scheme has been introduced. 5. It is thus obvious that the petitioner having not availed of the benefit of OTS scheme by paying the amount on or before 31/3/2009, should now pay the amount in terms of the Arbitration Award. 6. In so far as the settlement before the Adalath claimed by the petitioner is concerned, nothing has been placed on record to accept the contention especially in the light of the dispute raised by the Bank in this behalf. 7. In view of the above, no relief can be claimed in this writ petition. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp