IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 32151 of 2009(L) -------------------------- PETITIONER(S): --------------- R.G. JAYAPRASAD, LEELA SADANAM, ATTINGAL P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.RAJU JOSEPH SRI.GEORGE KUTTY MATHEW RESPONDENT(S): --------------- 1. THE CENTRAL BANK OF INDIA, REP. BY ITS REGIONAL MANAGER,M RAJA MUTHAIAH MANDIRAM, MADURAI -20, TAMIL NADU STATE. 2. THE BRANCH MANAGER, CENTRAL BANK OF INDIA, BODINAHYAKANUR, THENI DIST, TAMILNADU STATE. ADDL.R3(*) THE SECRETARY CHAAVARA CANCER RESEARCH INSTITUTE REG.NO.322/08, EMMANUEL NAGAR PAPPANAMCODE P.O.,THIRUVANANTHAPURAM 16. (*) ADDL.RESPONDENT NO.3 IMPLEADED VIDE ORDER DT.5/7/2011 IN IA NO.10550/2011 ADV. SRI.DEVAN RAMACHANDRAN FOR R2 SRI.K.SANTHOSH KUMAR (KALIYANAM) FOR R2 SRI.K.M.ANEESH FOR R2 SRI.GEORGE POONTHOTTAM FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32151 of 2009 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DECREE IN OS NO.84/96 PASSED BY THE SUB COURT, THODUPUZHA DT.25/06/2001 EXT.P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS IN RESPECT OF THE LOAN AVAILED BY SMT. ELSAMMA MATHEW DT.5/3/2009. EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DT.18/01/2010 EXT.P4 TRUE COPY OF THE LETTER GIVEN BY ME TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE CUSTOMER COPY OF PAY IN SLIP SHOWING REMITTANCE OF RS.12 LAKHS ON 25/02/2010 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32151/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of August, 2011 J U D G M E N T This writ petition was filed by the petitioner aggrieved by the recovery proceedings to be initiated by the Bank pursuant to the Execution Petitions. 2. The main prayer in the writ petition is for a direction to consider Ext.P2 representation seeking for the benefit of one time settlement. 3. It is submitted by the learned Senior Counsel for the petitioner that the entire amounts have been paid to the Bank and the Bank will have to give all the documents to the petitioner. 4. It is pointed out by the learned counsel appearing for the additional third respondent impleaded as per order on I.A.No.10550/2011 dated 05/07/2011 that going by the averments in I.A.No.3611/2010, the petitioner has got an obligation to execute documents in favour of the additional respondent and to handover certain documents as the entire payments were made by the said respondent, for closing the loan account. W.P.(C). No.32151/2009 -:2:- 5. The learned Senior Counsel appearing for the petitioner submitted that there are certain disputes pending to be settled between the petitioner and the additional respondent. 6. In that view of the matter, as the subject matter of the writ petition is not one concerning the inter se dispute between petitioner and the additional third respondent also, I refrain from making any observation in the matter. The writ petition is closed in the light of the fact that loan transaction has been closed. Disputes, if any, between the petitioner and the additional third respondent will have to be settled in appropriate forum or, if they choose so, by mutual negotiations. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms