N.V. Venugopalan vs The Thrissur District … on 28 September, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25496 of 2006(I)


1. N.V. VENUGOPALAN, AGED 44 YEARS,
                      ...  Petitioner

                        Vs



1. THE THRISSUR DISTRICT CO-OPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :28/09/2006

 O R D E R
                                 K.THANKAPPAN, J.
                             ------------------------------------
                             W.P.(C)NO.25496  OF 2006
                             ------------------------------------


                    Dated this the 28 th day of September, 2006


                                       JUDGMENT

The limited prayer of the petitioner is for a direction to the

respondent – Bank to consider Ext.P1 request for One Time Settlement.

In the nature of the prayer and the contentions raised in the Writ Petition

and on hearing the learned counsel appearing for the respondent, this

Court is of the view that the Writ Petition can be disposed of at the

admission stage itself.

2. The petitioner had availed of a loan of Rs.1,00,000/- from the

respondent – Bank agreeing to repay the same within the agreed time and

on the agreed rate of interest. The petitioner had approached this Court on

an earlier occasion and this Court stayed the recovery on condition that the

petitioner remits a sum of 5000/- every month. The petitioner now

submits that he is entitled to the benefits of One Time Settlement Scheme

and requests to consider Ext.P1 application filed for that purpose.

W.P.(C)NO.25496/2006 2

3. Ext.P1 is filed before the Branch Manager of the Bank who is

not competent to consider the application. Considering the facts and

circumstances of the case and the willingness expressed by the petitioner

to repay the loan amount, there will be a direction to the General Manager

of the respondent – Bank to consider Ext.P1 and take a decision in the

matter as early as possible, at any rate within 15 days from the date of

receipt of a copy of this judgment. Till a final decision is taken in the

matter, the Bank shall not take any coercive steps against the petitioner or

the sureties.

The Writ Petition is disposed of as above.

(K.THANKAPPAN, JUDGE)

sp/

W.P.(C)NO.25496/2006 3