IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WA.No. 1296 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13665/2010 .................... APPELLANT(S): PETITIONER ------------------------ VAREED C.R., AGED 52, S/O.CHITTILAPPILLY RAPPAI, THEKUMKARA P.O., WADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): RESPONDENT ------------------------- 1. THE STATE BANK OF TRAVANCORE, THRISSUR BRANCH, REPRESENTED BY ITS MANAGER, PATTURAIKKAL, THRISSUR-680001. 2. THE AUTHORISED OFFICER, CHIEF MANAGER, SARC, STATE BANK OF TRAVANCORE, GEETHANJALI BUILDINGS, PARAMEKAVU, THRISSUR- 680001. ADV. SRI.T.SETHUMADHAVAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1296 of 2010 -------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and standing counsel for the respondent-Bank. Appeal is filed against the judgment of the learned single Judge declining to consider the Writ Petition on merits for the reason that appellant could not comply with interim orders directing payment of Rs. 10 lakhs. During hearing, appellant personally appeared in court and stated that industry faced lot of initial problems of complaints of pollution. According to him capital cost went up very high because of drawing of electric line for long distance at his own cost. Industry is now functioning in full swing and the Bank has no dispute on the same. Standing counsel submitted that if loan arrears accumulates on account of arrears of interest, then there will be depletion of security. Considering the fact that if the Bank presses for recovery of loan arrears, the same will lead to colossal loss to the appellant and destruction of the industry as such, and considering the WA 1296 of 2010 2 payment of Rs. 3.25 lakhs paid by the appellant under interim orders of this Court, we dispose of the Writ Appeal directing the Bank to withhold proceedings for recovery for three months from now till 1.2.2011 on specific condition that appellant will keep on paying regular instalments without default and the accumulated arrears of Rs. 6.25 lakhs with future interest also will be paid by 1st February, 2011. In the event of default, the Bank is free to proceed with recovery. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1296 of 2010 3