High Court Kerala High Court

Antony Xavier D’Cruz vs Union Of India on 20 June, 2007

Kerala High Court
Antony Xavier D’Cruz vs Union Of India on 20 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 38844 of 2003(Y)


1. ANTONY XAVIER D'CRUZ,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY THE
                       ...       Respondent

2. DEBT RECOVERY TRIBUNAL, ERNAKULAM,

3. RECOVERY OFFICER, DEBT RECOVERY

4. DENA BANK,A BODY CORPORATE,CONSTITUED &

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  :SRI.D.SAJEEV

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :20/06/2007

 O R D E R


                            PIUS C. KURIAKOSE,J.

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                           W.P.(C) No.38844 of 2003

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                             Dated: 20th June, 2007


                                    JUDGMENT

This Writ Petition is remaining defective on the reason that

service not complete. But I find that it is only the petitioner and the

4th respondent-Bank who are concerned really with the matter

involved.

2. Heard counsel for the petitioner and the counsel for the 4th

respondent-Bank.

3. Having considered the Writ Petition and having heard the

submissions, I am of the view that the only relief which can be

aspired for by the petitioner is relief No.1. Accordingly, the Writ

Petition will stand disposed of directing the 4th respondent-Bank to

consider Ext.P19 One Time Settlement proposal submitted by the

petitioner (if not already disposed of) and take a fair and just decision

on that application. If the petitioner is desirous of a personal hearing,

the same will be allowed by the Bank. The decision at any rate will be

taken on the application within three months of receiving copy of this

judgment.

srd                                         PIUS C.KURIAKOSE, JUDGE


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