IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2597 of 2009(H)
1. BIJU THOMAS,
... Petitioner
Vs
1. KERALA FINANCIAL CORPORATION
... Respondent
2. DISTRICT MANAGER, KFC, KATTAPPANA.
3. DEPUTY TAHSILDAR
For Petitioner :SMT.M.SINDHU THANKAM
For Respondent :SRI.M.M.SAYED MUHAMMED, SC, KFC
The Hon'ble MR. Justice K.M.JOSEPH
Dated :23/01/2009
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 2597 OF 2009 H
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Dated this the 23rd day of January, 2009
J U D G M E N T
I heard learned counsel for the petitioner, learned
standing counsel for KFC and learned Government Pleader.
2. Petitioner availed a loan and not repaid it. Now, the
petitioner is faced with sale proceedings vide Ext.P6. It is pointed
out that OTS granted was cancelled and the petitioner has sought
for permission to pay it in instalments. Learned standing counsel
points out that if the petitioner is prepared to remit some amount
and also pay the interest for belated payment, petitioner can be
given the benefit of revival of OTS. The petitioner is agreeable.
3. In such circumstances, if the petitioner pays a sum of
Rs.1 lakh before the time of sale, Ext.P6 proceedings will be kept
in abeyance and a decision will be taken on Ext.P5 treating it as
an application for revival of OTS and the amounts to be paid will
be intimated to the petitioner on or before 15.2.2009. The
petitioner will be given time till 31.3.2009 to pay the balance
amount. The petitioner will also have to pay the collection charges
WPC.2597/09
: 2 :
and the interest on the belated payment. Needless to say, if the
petitioner does not pay the sum of Rs.1 lakh before the time of
sale, the petitioner will lose the benefit of this judgment. Of
course, if the petitioner does not pay the balance amount also by
31.3.2009, it will be open to the respondents to proceed against
the petitioner in accordance with law.
Writ petition is disposed of as above.
(K.M.JOSEPH, JUDGE)
aks