IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 24315 of 2010(L) ----------------------------------------- PETITIONER(S): --------------------- K.A.PAULOSE,KARTHANIKKAT HOUSE, MAIKAVU,THAMARASSERI,KOZHIKODE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): ------------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD, WYNAD BRANCH,KALPETTA,REP; BY ITS MANAGER. PIN. 695 543. 2. THE KERALA STATE CO-OPERATIVE BANK LTD, REGIONAL OFFICE,COLOMBO COMPLEX,M.M.ALI ROAD, KOZHIKODE REP.BY ITS REGIONAL MANAGER. 673501 3. THE MANAGING DIRECTOR,THE KERALA STATE CO-OPERATIVE BANK LTD,TRIVANDRUM.TVM. 1 R1 TO R3 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.24315 of 2010 ------------------------------------------- Dated this the 4th August, 2010 JUDGMENT The petitioner had availed a loan of Rs.4 lakhs from the first respondent in the year 2000. According to the petitioner, the amount could not be repaid because his business encountered financial problems. The second respondent has issued a notice proposing to sell the property of the petitioner. The petitioner wants to close the loan account by paying the entire amount that is remaining unpaid. For the above purpose, the petitioner has submitted Ext.P1 request before the first respondent. The petitioner complains that no orders have been passed thereon till date. 2. The counsel for the petitioner submits that the petitioner is entitled to the benefits of the one time settlement scheme and it was for seeking the said benefits that Ext.P1 was submitted. Therefore, the petitioner seeks a direction for an early disposal of Ext.P1. 3. Adv.Nagaraj Narayan appears for the first wpc No.24315/2010 2 respondent bank. According to him, the request of the petitioner could be considered provided some payment is made by the petitioner to the defaulted amount, in order to show his bonafides. The counsel for the petitioner is willing to make such payment. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the request of the petitioner evidenced herein by Ext.P1 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, on condition that the petitioner remits an amount of Rs.1,00,000/- (Rupees One lakh only) towards the defaulted amount due from the petitioner within one week from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the first respondent for compliance with the above direction. K.SURENDRA MOHAN, JUDGE css/