IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 22867 of 2006(V) -------------------------- PETITIONER(S): --------------- M.MAMMOOTTY, S/O. HASSAN, MOIDEEN HOUSE, NEAR PANCHAYATH OFFICE, PADINHARATHARA P.O., WAYANAD DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): --------------- 1. MANAGER/AUTHORISED OFFICER, CANARA BANK, PADINHARATHARA BRANCH, PADINHARATHARA P.O., WAYANAD-673 575. 2. THE REGIONAL MANAGER, CANARA BANK, REGIONAL OFFICE, CALICUT. 3. CHAIRMAN, CANARA BANK, HEAD OFFICE, BANGALORE-560 002. ADV. SRI. PAULY MATHEW MURICKAN FOR R.1TO3 SRI. VIJAYASANKAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF DECREE IN OS NO. 69 OF 2003 DATED 26.9.2003 ON THE FILE OF THE SUB COURT, SULTHAN BATHERY. EXT.P2 TRUE COPY OF NOTICE DATED 18.1.2006 SENT BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF NOTICE DATED 25.5.2006 SENT BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF REPLY DATED 29.5.2006 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P4(a) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF THE P4 REPLY. EXT.P4(b) TRUE COPY OF POSTAL RECEIPT OF THE EXT.P4 REPLY.. EXT.P5 TRUE COPY OF REVISED SCHEME ISSUED BY RBI ON 3.9.2005 BY CIRCULAR NO. RPCD.PLNFS.BC.NO.39/06.02.31/2005-06 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 22867 OF 2006 -------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT Even though there was no stay against recovery proceedings from this Court, respondents have not proceeded against the petitioner and recover the arrears. This only shows the lack of earnestness on the part of the Bank in recovering the arrears. Since petitioner has offered to pay the amount under OTS scheme, and since amount is not recovered so far, I direct the first respondent to grant OTS benefit to the petitioner and allow him to settle the liability under OTS scheme. If OTS scheme is not in force, petitioner will be granted waiver of penal interest provided arrears with accured interest are paid in two months from now. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2