IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH DECEMBER 2007 / 19TH AGRAHAYANA 1929 WP(C).No. 35298 of 2007(B) -------------------------- OS.32/2000 of SUB COURT, PAYYANNUR .................... PETITIONER: ------------ PADMANABHAN, AGED 55 YEARS, S/O.RAMAN ANTHITHURIAN PADOLI HOUSE, NEAR S.S.TEMPLE, PAYYANNUR. BY ADV. SRI.K.DIVAKARAN NAIR RESPONDENT: ------------- STATE BANK OF INDIA, PAYYANNUR BRANCH, REPRESENTED BY ITS MANAGER. BY SC FOR SBI, SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 35298 OF 2007 --------------------- Dated this the 10th day of December, 2007 J U D G M E N T This writ petition is filed seeking to declare that the writ petitioner is entitled to the benefit of one time settlement scheme and a further direction to the subordinate Judge of Payyannur not to proceed with the execution proceedings. The contention of the writ petitioner is that he had borrowed a sum of Rs.2,00,000/- and he had paid more than Rs.3,26,000/- and still it is claimed by the Bank that more amount is due, i.e. Rs.2,15,219/-. Notice has been given to the Standing Counsel for the Bank. It is submitted that one time settlement scheme is not in force now and therefore such a direction cannot be issued at this stage. It is seen that the writ petitioner herein has paid a considerable amount and he requires some sympathetic consideration from the bank authorities. Therefore, I direct the writ petitioner to file a petition before the Bank requesting the Bank to show some leniency with regard to the interest. Considering the fact that a substantial amount has been paid, I feel that the Bank can consider the request sympathetically WPC NO 35298/07 2 and give some concession regarding interest and also a breathing time to the petitioner to pay the amount. In order to facilitate the petitioner to move an application and for the Bank to take a decision, I direct the executing court not to order sale for a period of two months from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps