IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 8657 of 2011(F) ---------------------- PETITIONER : --------------------- M.P.DEVADAS, AGED 52 YEARS, S/O. PADMANABHAN, MATTATH VELIYIL VEEDU, VARANAM MURI, THANNERMUKKOM NORTH VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI. S. SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): ------------------------- 1. THE MANAGER, BANK OF INIDA, ALAPPUZHA BRANCH-688001. 2. PRIVATE SERVICE PROVIDERS PVT. LIMITED AND BALAMURALI ASSOCIATES, REPRESENTED BY J.SANKARA PILLAI, AREA MANAGER (ALLEPPEY & PATHANAMTHITTA) BRANCH OFFICE, ALLEPPEY REGION, MADATHIL, CHANGANKULANGARA.P.O., KOLLAM, KERALA. PIN-691 101. 3. BIJLY LAL, W/O. LATE T.G.LAL, LAL COTTAGE, S N JUNCTION, MUHAMMA.P.O., CHERTHALA-688 525. R1 BY ADV. SRI. P.P. JOY, SC, BANK OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.8657 of 2011 ------------------------------------------- Dated this the 30th day of March, 2011 J U D G M E N T ---------------------- The petitioner in this case is a total stranger as far as the loan transaction between the 1st respondent and the borrowers. It is evident from Ext.P4 that the legal heirs of the original borrower had approached this court and an interim direction was issued permitting them to make appropriate approach before the Bank for effecting private sale. It is also conceded that subsequently the said writ petition was disposed of directing for consideration of 'One Time Settlement' facility and the borrowers are now pursuing such remedy before the 1st respondent Bank. 2. Under such circumstances the petitioner could not be granted with any relief intervening with the rights of the 1st respondent to pursue the matter. However, if any settlement is arrived between the borrowers and the 1st respondent, the petitioner will be at liberty to make payment of the amount in view of the agreement of sale, alleged to have been entered by the petitioner with the borrowers. The writ petition is disposed of with the above observations. C.K.ABDUL REHIM, JUDGE. okb