IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1106 of 2009()
1. P.G.RAVI, 50 YEARS,
... Petitioner
Vs
1. STATE BANK OF INDIA, REPRESENTED BY
... Respondent
2. SANKARAN, 70 YEARS,
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :29/07/2009
O R D E R
S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
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W.A. No.1106 of 2009
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Dated 29th July, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellant is the petitioner. The writ petition was filed
with the following prayers :-
“(1) Grant an interim stay upon the
securitisation proceedings against the petitioner till the
communication of the decision on the proposal to
restructure/reschedule the loan account.
(2) Direct the first respondent to give a
sympathetic consideration to the Ext.P5 request
submitted by the petitioner through his counsel within
a shortest, definite time frame in compliance with the
“Code of bank’s commitment to micro and small
enterprises.”
The learned Single Judge dismissed the writ petition without
prejudice to the liberty to the petitioner to approach the Banking
Ombudsman. According to the petitioner, he is entitled for the
benefits under the Nursing/Debt Restructuring Programme under
the Code of bank’s commitment to micro and small enterprises.
It is submitted that the petitioner has already remitted an amount
of Rs.5,00,000/- (Rupees five lakhs only) after the dismissal of the
writ petition. However, taking note of the huge arrears, we are of
the view that the petitioner should make some more payments
WA NO.1106/2009 2
before the Bank considers the request. Therefore, we set aside
the judgment of the learned Single Judge and dispose of the writ
petition as follows :-
In the event of the petitioner paying an amount of
Rs.10,00,000/- (Rupees ten lakhs only) within two months from
today and filing an appropriate representation for the benefits
under the scheme referred to above within the said period, the
matter will be considered by the Bank with notice to the
petitioner within another one month. Subject to the payment as
above, and filing the representation, further proceedings will be
deferred till the Bank takes a decision as per the scheme referred
to above.
S.R.BANNURMATH,
Chief Justice.
KURIAN JOSEPH,
Judge.
tgs
S.R.BANNURMATH, C. J. &
KURIAN JOSEPH, J.
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W.A. No.1106 of 2009
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J U D G M E N T
Dated 29th July, 2009.