IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 27086 of 2008(Y) -------------------------- PETITIONER: ------------- M.A.SALIM, AGED 52 YEARS, S/O.H.ABDUL KARIM, MULAMOOTTIL HOUSE, KALANJOOR MURI, KOODAL VILLAGE, ADOOR TALUK PRESENTLY RESIDING AT T.C.13/1525, BURMA ROAD, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS: ----------------- 1. THE MANAGER, INDIAN BANK, KALLUMKADAVU BRANCH, PATHANAPURAM. 2. THE CHIEF MANAGER, REGIONAL OFFICE, INDIAN BANK, THIRUVANANTHAPURAM. 3. THE DGM, INDIAN BANK, CIRCLE OFFICE, ERNAKULAM. R1 TO R3 BY ADV. S. SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27086 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT The Indian Bank Kallumkadavu Branch instituted two suits against the petitioner, OS No.69 and 78 of 1998 before the Sub Court, Kottarakkara. First one is against the petitioner and his proprietory concern and the second one was against the petitioner, his wife and a partnership firm in which the petitioner was also a partner; for recovery of amounts due to the bank. The suits were decreed as per Annexures I and III produced by the Bank along with its counter affidavit. The bank levied execution and the same is pending. In the meanwhile, the petitioner sought for a settlement of the dues under the One Time Settlement Scheme(for short OTS). The bank permitted the petitioner to pay the dues after giving remission of a portion of the interest. The petitioner paid the amount, but not within the time stipulated under the OTS. The bank therefore treated the settlement as frustrated and thereafter proceeded to recover the amount due as per the decree passed by the civil court. Petitioner again sought for a settlement and remission of interest which is directed to be levied as per the decree. There is a serious W.P.C.No. 27086 OF 2008 -:2:- dispute between the petitioner and the bank as regards the amounts that can be paid in full and final settlement of the claim made by the Bank against the petitioner. In the circumstances, the only direction that can be issued is one to the respondents to give a reply to Exts.P9 and P10. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider the petitioner’s plea as contained in Ext.P9 and communicate its decision thereon within two months from the date of receipt of a copy of this judgment. If the petitioner has a claim under any RBI scheme, it is for the petitioner to bring it to the notice of the 3rd respondent, who shall consider the same also before taking decision on Ext.P9. (V. GIRI, JUDGE) ttb W.P.C.No. 27086 OF 2008 -:3:-