High Court Kerala High Court

N.Santhamma vs The Catholic Syrian Bank Limited on 22 August, 2008

Kerala High Court
N.Santhamma vs The Catholic Syrian Bank Limited on 22 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25213 of 2008(B)


1. N.SANTHAMMA, W/O. NARAYANAKURUP,
                      ...  Petitioner

                        Vs



1. THE CATHOLIC SYRIAN BANK LIMITED,
                       ...       Respondent

                For Petitioner  :SRI.A.AHZAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/08/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.
                      ...........................................
                    WP(C).No. 25213                 OF 2008
                     ............................................
       DATED THIS THE              22nd DAY OF AUGUST, 2008

                                 JUDGMENT

Petitioner is the defendant and respondent, plaintiff in

O.S.41 of 2007. This petition is filed under Article 227 of

Constitution of India for a direction to Sub Court, Mavelikkara to

refer the suit to District Lok Adalath and to dispose the matter

by settlement.

Learned counsel appearing for petitioner submitted that

petitioner filed WP(C) 11346 of 2008, when respondent Bank

proceeded under Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Act, 2002 and as per Ext.P2

judgment, petitioner was directed by this court to pay the entire

amount in six equal monthly instalments and petitioner paid the

amount as directed and is willing to pay the balance amount also

and therefore the case could be settled if referred to the Adalath.

2. Learned counsel appearing for respondent submitted

that Lok Adalath has considered this matter earlier as is seen

from Ext.P6 reply, and the matter could not be settled and

therefore the case need not be referred to the Adalath.

3. It is not for this court to decide whether the suit is to be

WP(C) 25213/2008 2

referred to the Adalath or not. It is for the learned Sub Judge to

decide whether there is a chance of settlement and if so, refer

the suit to Adalath. Learned Sub Judge is directed to consider

this matter and refer the dispute to District Lok Adalath, if it

appears that there is a chance of settlement.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-