IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 15823 of 2009(W) -------------------------- PETITIONERS: --------------- 1. JANAKI,W/O.SADANANDAN,PROPRITOR OF J.S.FUELS,KADAKKAL,PULLIPPARA P.O., RESIDING AT JANAKI BHAVAN,DREAM NAGAR, H.NO.4,KANNIMOLCHERY,KAVANADU P.O., KOLLAM DISTRICT,PIN-691 003. 2. SADANANDAN,RESIDING AT JANAKI BHAVAN, DREAM NAGAR,H.NO.4,KANNIMOLCHERY,KAVANADU P.O., KOLLAM DISTRICT,PIN-691 003. BY ADV. MR. C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE AUTHORISED OFFICER, THE CHIEF MANAGER (ADVANCES), THE STATE BANK OF TRAVANCORE, REGION V,ZONAL OFFICE,THIRUVANANTHAPURAM. 2. THE MANAGER, THE STATE BANK OF TRAVANCORE, KADAKKAL BRANCH,THIRUVANANTHAPURAM. ADV. MR. R.S.KALKURA FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 15823 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of June, 2009 JUDGMENT The petitioner has approached this Court mainly with a prayer to have Ext.P3 representation preferred by the petitioner for the benefit of 'one time settlement' considered by the respondent Bank. The learned counsel appearing for the respondent Bank submits, on instruction, that the petitioner had already approached the DRT, Ernakulam by filing statutory appeal challenging the steps taken by the Bank and though an interim order of stay was originally granted, it happened to be vacated later, in view of the dismissal of the appeal itself. The learned counsel for the petitioner submits that, the limited prayer in the present Writ Petition is for a direction to consider and dispose of Ext.P3 preferred by the petitioner and that no factual or legal point is sought to be pressed herein. 2. The learned counsel for the respondent Bank submits that, the petitioner will have to prove his bonafides as a prerequisite for considering Ext.P3 representation, by effecting some substantial deposit, particularly since the liability as on date is more than Rs.12,00,000/-. 3. In the above facts and circumstances, the petitioner is directed to deposit a sum of Rs.3,00,000/- within one month and on such an WP (C) No. 15823 of 2009 : 2 : event, the second respondent shall consider and pass appropriate orders on Ext.P3 representation claiming the benefit of 'one time settlement' and if any orders to be obtained from the higher authorities of the respondent Bank in this regard, such exercise shall also be pursued and finalized accordingly. The coercive steps now being proceeded with shall be kept in abeyance till such time. On intimating the balance amount payable to clear the loan transaction, it shall be honoured accordingly and in the event of any failure in this regard, the respondent Bank will be at liberty to proceed with further steps for realization of the entire dues in a lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd