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P.R. VARGHESE versus STATE OF KERALA

High Court of Kerala

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P.R. VARGHESE v. STATE OF KERALA - WP(C) No. 21496 of 2004(H) [2006] RD-KL 768 (15 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21496 of 2004(H)

1. P.R. VARGHESE, PARAPPULLY HOUSE,
... Petitioner

Vs

1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent

2. REGISTRAR OF CO-OPERATIVE SOCIETIES

3. ASSISTANT REGISTRAR OF CO-OPERATIVE

4. TRICHUR DISTRICT CO-OPERATIVE BANK,

5. SECRETARY, DISTRICT CO-OPERATIVE BANK,

For Petitioner :SRI.P.SANTHALINGAM

For Respondent :SRI.T.R.RAMACHANDRAN NAIR,SC,DC BANK,TS

The Hon'ble MR. Justice K.THANKAPPAN

Dated :15/09/2006

O R D E R

.

K. THANKAPPAN, JUDGE

W.P.(C). NO. 21496 OF 2004

Dated this the 15th day of Septmber 2006



J U D G M E N T

The petitioner availed of a loan for Rs. 5,00,000/-. Since the amount was not repaid, the 5th respondent had taken steps to recover the amount. Now the petitioner approached this court for getting the benefit of one time settlement as well as instalment facilities. Heard the counsel appearing for the petitioner and the learned counsel for the 5th respondent. The petitioner has filed Ext.P2 representation for getting the benefit of one time settlement. It is submitted by the counsel for the bank that if the petitioner pays a substantial amount towards the loan, the benefit of one time settlement can be granted to him. While admitting the Writ Petition, the petitioner was directed to deposit an amount of Rs. 1,00,000/- within one month from the date of the order, but the petitioner had not complied with that order. However, it is now submitted by the learned counsel for the bank that the petitioner had already remitted an amount of Rs.2,00,000/- recently. . In the above circumstances, the 5th respondent-bank is directed to consider the claim of the petitioner for one time settlement and take a decision in the matter as early as possible, at any rate within 45 days from the date of receipt of a copy of this judgment, provided the petitioner remits a further amount of Rs.50,000/- within one month from today for one time settlement. The petitioner shall also file an application for the benefit of one time settlement after remitting the amount as ordered. The Writ Petition is disposed of as above.

K. THANKAPPAN, JUDGE.

RV/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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