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/-