IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18411 of 2006(P)
1. KANTHIMADHI AMMA, W/O.PADMANABHAN,
... Petitioner
Vs
1. THE TRISSUR DISTRICT CO-OPERATIVE
... Respondent
2. THE SALE OFFICER, TRISSUR DISTRICT
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent : No Appearance
The Hon'ble MR. Justice K.THANKAPPAN
Dated :13/07/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NO.18411 OF 2006
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Dated this the 13th day of July, 2006
JUDGMENT
Admitted.
2. The petitioner and her son were running a small scale industrial unit.
The petitioner availed of a loan of Rs.3,00,000/- from the first respondent. As
the petitioner did not repay the amount as agreed, an Arbitration award was
passed against her and execution petition was filed for execution of the award.
As per Ext.P1 notice, an amount of Rs.5,72,278/- was demanded from the
petitioner.
3. Learned counsel appearing for the petitioner submits that the petitioner
could not remit the loan amount due to financial difficulties and that she is also
not in a position to remit the entire amount in lump. The petitioner has filed
Ext.P2 representation seeking the benefit of One Time Settlement Scheme.
promulgated by the Government.
W.P.(C)NO.18411/2006 2
4. The loan taken by the petitioner is an industrial loan for which the
benefit of One Time Settlement Scheme cannot be granted. The only relief that
can be granted to the petitioner is instalment facility. The petitioner submits that
she has already remitted Rs.40,000/-. In the above circumstances, this Court is of
the view that the petitioner can be granted some time to remit the loan amount in
instalments. The petitioner is, therefore, directed to pay the entire loan amount
with interest in ten equal monthly instalments. The first instalment shall be paid
on or before 15.8.2006. Further, it is made clear that if the petitioner defaults
payment of two consecutive instalments, the Bank can proceed against her.
The Writ Petition is disposed of as above.
(K.THANKAPPAN, JUDGE)
sp/
W.P.(C)NO.18411/2006 3
K.THANKAPPAN, J.
W.P.(C)NO.18411/2006
JUDGMENT
13TH JULY, 2006
W.P.(C)NO.18411/2006 4
