IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24921 of 2010(M) -------------------------- PETITIONER: --------------- DANIEL THANKACHAN, S/O.DANIEL, AGED 59 YEARS, KATTURKIZHEKKELIL, THATTARATH, P.K.MURI, SURANAD NORTH, KUNATHUR, KOLLAM. BY ADV. MR. KRISHNADAS P. NAIR MS. K.L.SREEKALA RESPONDENTS: --------------- 1. THE BRANCH MANAGER, SOUTH INDIAN BANKA LTD., SASTHAMKOTTA BRANCH, KOLLAM-690 521. 2. THE GENERAL MANAGER, SOUTH INDIAN BANK LTD., REGISTERED OFFICE, THRISSUR. ADV. MR. GEORGE VARGHESE,SC,SOUTH INDIAN BANK MR. P.R.MILTON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24921 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2010 JUDGMENT The liability between the petitioner and the respondent Bank was finalized by virtue of the final order passed by the DRT, Ernakulam in O.A. 217 of 2005, as early as on 24.10.2005. Subsequently, the further proceedings were initiated by the respondent Bank, which were challenged by filing W.P(C). 24817 of 2009. This culminated in Ext. P1 judgment, directing the petitioner to deposit a sum of Rs. 5 lakhs within three weeks, on which event, the Bank was directed to consider Ext.P4 representation therein and to pass appropriate orders, with regard to the balance liability to be satisfied by the petitioner. 2. The case of the petitioner is that, eventhough, as per Ext. P2 dated 23.9.2009, the petitioner offered a sum of Rs. 10 lakhs to be deposited within 10 days and subsequent negotiations were carried on in between, nothing was transpired in positive. When confronted with notice of attachment, the petitioner preferred Ext. P4 representation dated 2.8.2010 (which is still pending consideration before the Bank) and he has approached this Court again for appropriate relief, to have the grievance readdressed. W.P. (C) No. 24921 of 2010 : 2 : 3. The learned standing counsel appearing for the respondent Bank, on instructions, submits that, the petitioner did not honour the commitment as shown in Ext. P2 to have Rs. 10 lakhs deposited. The learned counsel for the petitioner submits that, the petitioner is ready and willing to deposit Rs. 10 lakhs within 10 days. On satisfying the said deposit, it is stated that, the Bank is ready and willing to consider Ext. P4 representation preferred by the petitioner. 4. In the above circumstances, this Court does not propose to go into the merits of the case, but for directing the petitioner to deposit a sum of Rs. 10 lakhs within 10 days, as assured and undertaken. On satisfying the said liability, Ext. P4 representation preferred by the petitioner, shall be considered and finalized by the respondent Bank, at the earlies, at any rate, within one month thereafter and the outcome shall be let known to the petitioner forthwith. The balance liability and the manner in which is to be cleared, will depend upon the outcome of the orders to be passed as above. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd