M L JOSEPH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE complaint in this case pertains to a transaction of borrowing from a bank and the grievance of the Petitioner is that the bank has not been accommodating sufficiently in the matter of grant of nursing facilities for his small scale industry which has fallen sick. Having regard to the facts set out in the counter-affidavit filed on behalf of the State Bank of India are of the view that this matter falls in the realms of a civil dispute which has to be settled by a Civil Court. It is seen from the counter-affidavit that a suit is already pending in the Sub-Court Trichur. It is also disclosed by the records that the Petitioner had approached the High Court of Kerala with a Writ Petition seeking almost similar or identical reliefs and that Writ Petition has been dismissed by the High Court with the observation that the State Bank of India should consider a representation filed as Exhibit P-7 in the Writ Petition within a period of one month from the date of the judgment. THE Petitioner submitted before us that the said direction has not been complied with by the bank. On the other hand the Branch Manager of the bank who appeared before us in person submitted that the bank had fully complied with the said direction for consideration of the representation but it was found after a careful study of the financial position of the undertaking that it was not feasible to rehabilitate the sick unit. Whatever that may be, we do not find it possible to grant any relief to the petitioner in this proceeding. THE petitioner is, however, at liberty to seek his relief from the Civil Court either in the proceedings that are already pending before the Sub-Court, Trichur or in other independent proceedings as may be open to him in law. With this observation this Petition will stand dismissed. No costs. Complaint dismissed.