IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 7822 of 2008(F) ----------------------------------- PETITIONER: ------------------- SRI. K.K.THULASIDAS, AGED 44 YEARS S/O.BALAKRISHNAN NAMBIAR, NANDANAM, MEPPAYIL VADAKARA, CALICUT-673 105. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J SRI.M.NAJEESH BABU RESPONDENTS: ----------------------- 1. THE AUTHORISED OFFICER ANDHRA BANK MAIN BRANCH, COIMBATORE. 2. THE MANAGER, ANDHRA BANK, CALICUT BRANCH BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7822 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1- TRUE COPY OF THE POSSESSION NOTICE ISSUED BY AUTHORISED OFFICER OF THE BANK DATED 18.1.2008. EXT.P2 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.7822 of 2008 ================== Dated this the 18th day of August, 2008. J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. However, for the present the petitioner would be satisfied with a direction to the respondents to consider Ext.P2 application for one time settlement stated to have been submitted by the petitioner. The learned Standing Counsel for the bank submits that even for considering the application for one time settlement, the petitioner has to comply with the formalities prescribed, which includes payment of a portion of the loan amounts due. 2. After hearing both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider Ext.P2 application of the petitioner for one time settlement, if the petitioner complies with the requirements of the one time settlement scheme, as expeditiously as possible, at any rate, within one month from the date of complying with the requirements of the OTS scheme. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs