M. Muhammed Nazar vs The Chief Manager, State Bank of India Regional Business Office, Beach Road Alappuzha, Pin - 688011 and Ombudsman For Banking Institution Reserve Bank of India Building, Bakery Junction Trivandrum, Pin - 695001

Mr. Justice P.R. Ramachandra Menon

APPENDIX

Petitioner''s Exhibits:

EXT.P1:-

True Copy of The Letter Dated 19.4.2010 Send by The Petitioner to The Bank.

EXT.P2:-

True Copy of The Letter Dated 22.4.2010 Send by The Petitioner to The Bank.

EXT.P3:-

True Copy of The Reply Dated 14.6.2010

EXT.P4:-

True Copy of The Letter Dated 5.7.2010.

EXT.P5:-

True Copy of The Notice u/s 13(2) of The Securitization of Reconstruction of Financial Assets Dated 19.12.2011.

EXT.P6:-

True Copy of The Representation Dated 5.3.2012.

EXT.P7:-

True Copy of The Representation Dated 25.3.2012.

EXT.P8:-

True Copy of The Acknowledgement Card

EXT.P9:-

True Copy of Reply Dated 23.3.2012.

EXT.P10:-

True Copy of Notice Dated NIL.

RESPONDENT''S EXHIBITS :

EXT.R1(a):

True Copy of The Clarification No. Sme(Ops)/Anj/26, Issued by The Managing Director & Group Executive, State Bank of India, Dtd 17/04/2012.

The petitioner has approached this Court with the following prayers :

a) To call for the records relating to Ext.P5 and P10 notice and to issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P5 and P10 notice issued by the first respondent.

b) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to consider and pass orders on Ext.P6 representation within a time frame stipulated by this Honourable Court.

c) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to consider and pass orders on Ext.P7 representation within a time frame stipulated by this Honourable Court.

d) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to extent the benefit of one time settlement scheme to the petitioner and allow the petitioner to remit the amount so settled within a reasonable time.

e) To issue such other appropriate writ, order or direction as this Hon''ble Court deems just and fit in the circumstances of the case.

The respondent Bank has filed a statement pointing out the various aspects of the scheme for one time settlement and the extent of benefit flowing therefrom.

The learned counsel for the petitioner submits that, in view of the statement filed by the first respondent, the petitioner would like to have the eligible extent of benefit and with this intent, the petitioner would file an application on or before 31/07/2012, satisfying the various requirements as per the scheme.

In the said circumstances, the writ petition is disposed of enabling the petitioner to file an application as aforesaid and pursue the matter accordingly and it will be for the respondent Bank to consider the same and to extend the benefit, if any, to the extent it is permissible under the relevant provisions of the scheme.