IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24817 of 2009(V) -------------------------- OS.217/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- DANIEL THANKACHAN, S/O.DANIEL, AGED 58 YEARS, KATTURKIZHEKKELIL, THATTARATH, P.K.MURI, SURANAD NORTH, KUNATHUR, KOLLAM. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, SOUTH INDIAN BANK LTD., SASTHAMKOTTA BRANCH, KOLLAM-690 521. 2. THE GENERAL MANAGER, SOUTH INDIAN BANK LTD., REGISTERED OFFICE, THRISSUR. SRI.GEORGE VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 24817 OF 2009 ----------------------------------- Dated this the 27th day of August, 2009 J U D G M E N T The petitioner had availed a loan from the respondent Bank, which however was not chosen to be repaid on time, leading to O.A.217/2005 filed by the Bank before the DRT, Ernakulam. On conclusion of the trial, the DRT passed Ext.P1 order, enabling the Bank to recover the amount to the extent as specified therein, despite which, nothing was paid from the part of the petitioner. The learned counsel for the respondent Bank submits on instructions that, as on date, a sum of more than Rs.15,00,000/- is due to be cleared by the petitioner. 2. Learned counsel appearing for the petitioner submits that, the petitioner has already approached the first respondent by filing Ext.P4 representation for eligible benefits and some other concessions, including the opportunity to clear the liability by way of instalments. 3. Considering the facts and circumstances, the petitioner is directed to deposit a sum of Rs.5,00,000/- within three weeks, on which event, the first respondent shall consider Ext.P4 and pass appropriate orders thereon. The petitioner will be bound to satisfy the balance amount WPC NO.24817/2009 2 on the basis of the outcome to be communicated to him on passing appropriate orders on Ext.P4. Subject to the above, further recovery proceedings are ordered to be kept in abeyance and if any default is made from the part of the petitioner in satisfying the liability as above, the respondent Bank will be at liberty to proceed with further steps from the stage where it stands now. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc