IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 5214 of 2011(B) ------------------------------------- PETITIONER: ------------------- GOPINATHAN. C.K, S/O. MADHAVAN NAIR, CHATHERY KORAMKUNNATH, POST NIRAMARATHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL. RESPONDENTS: ------------------------ 1. TIRUR URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE, POST TIRUR, REPRESENTED BY ITS GENERAL MANAGER. 2. THE MANGER, TIRUR URBAN CO-OPERATIVE BANK LTD., AMBALATHINGAL BRANCH, TIRUR, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 5214 OF 2011 -------------------------- Dated this the 18th day of February, 2011 J U D G M E N T The petitioner had availed a loan from the first respondent bank. When the loan was not repaid, the bank initiated steps to recover the loan amount. The petitioner thereupon filed W.P.(C) No.13832 of 2008 in this Court. By Ext.P4 judgment delivered on 4.6.2008, a learned single Judge of this Court directed that in the event of the petitioner repaying the balance amount in instalments, the distress action initiated by the bank shall be kept in abeyance. This Court also directed the petitioner to remit the sum of Rs.75,000/- within three weeks from 4.6.2008 and the balance amount in six equal monthly instalments commencing from July, 2008. The petitioner did not admittedly pay any amount even thereafter. Years later, he filed Ext.P5 petition dated 8.2.2011 requesting the second respondent to grant him an opportunity to repay the entire debt availing the benefit of the One Time Settlement Scheme. This writ petition is filed seeking a direction to the respondents to consider Ext.P5 representation within a time limit to be fixed by this Court. WPC No.5214/2011 2 2. During the course of arguments, Smt. Seema, the learned counsel appearing on behalf of the petitioner brought to my notice Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies and submitted that notwithstanding the failure of the petitioner to discharge the liability in terms of Ext.P4 judgment, the petitioner is entitled to avail the benefit of the One Time Settlement Scheme and that the writ petition may be disposed of with a direction to the respondents to consider the question whether the petitioner is entitled to the benefits flowing from Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies. 3. As per Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies, a One Time Settlement Scheme is in force in co-operative banks till 28.2.2011. In such circumstances, as the petitioner has already filed Ext.P5 representation before the second respondent seeking the benefit of the One Time Settlement Scheme though he has not referred to Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies, I am of the opinion that the respondents should consider the said request and take an appropriate decision WPC No.5214/2011 3 thereon. However in view of the past conduct of the petitioner, I am of the opinion that the petitioner should deposit the sum of Rs.75,000/- with the respondents before 28.2.2011 as the condition for considering his request for the benefits flowing from Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co- operative Societies. I accordingly dispose of this writ petition with a direction that in the event of the petitioner depositing with the respondents the sum of Rs.75,000/- on or before 28.2.2011, the respondents shall consider the request made by the petitioner in Ext.P5 in the light of the Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies and take an appropriate decision in the matter and communicate it to the petitioner. P.N.RAVINDRAN, (JUDGE) vps WPC No.5214/2011 4 WPC No.5214/2011 5