The court underscored the necessity for timely judicial decisions in guardianship matters involving minors and financial liabilities.

JUDGMENT

Heard the counsel for the petitioner, the standing counsel for respondents 1 to 3 and the fourth respondent.

2. The petitioner is the legal guardian of a minor by name Miss.Neema Madhavan, who was appointed by the District Court, Kottayam in GO P No.102 of 2008. According to the petitioner, on the strength of the order obtained, he has received the terminal benefits due to the minor from BSNL, where her deceased father was employed and the terminal benefits are kept in deposit with the fourth respondent bank.

3. It appears that the deceased father had certain liabilities to the first respondent bank, for the recovery of which, bank has initiated SARFAESI proceedings, which have culminated in Ext.P6 sale notice. In the meantime, the petitioner made Ext.P4 application to the District Court, which was numbered as I.A.No.1545 of 2012 in GO P No.102 of 2008, seeking permission to withdraw sufficient amounts from the deposit to settle the liability of the first respondent. Orders are awaited and in the meantime, the sale pursuant to Ext.P6 is scheduled to take place on 30.10.2012.

4. It is in these circumstances, the writ petition has been filed. The second prayer sought by the petitioner is for a direction to the third respondent to consider Ext.P7, an application made by him for settling the liability on terms as agreed between the parties as per Ext.P2. When this request was reiterated before this Court, the standing counsel for the bank has submitted that the competent authority of the bank has instructed him to submit that if the petitioner pays Rs.8.5 lakhs due under Ext.P2 with interest thereon for the period subsequent to 03.01.2012, till date of payment, accepting such payment, bank will settle the liability. Now that such a submission has been made, it is unnecessary to direct consideration of Ext.P7.

5. In such circumstances, I dispose of this writ petition with the following directions:

1. That the District Court, Kottayam shall pass orders on I.A.No.1545/2012 filed by the petitioner in GO P No.102 of 2008.

2. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment.

3. It is directed that in the meanwhile, further proceedings pursuant to Ext.P6 sale notice published by the bank, will be kept in abeyance.

4. Once the order is passed, the parties will abide by such order.

5. Petitioner will produce a copy of this judgment and writ petition before the District Court, Kottayam for information and compliance.

Writ Petition is disposed of as above.

ANTONY DOMINIC, JUDGE

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