IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11567 of 2007(B)
1. M.E.ALI,AGED 60,S/O.IYYAMU,
... Petitioner
Vs
1. KERALA FINANCIAL CORPORATION,
... Respondent
2. DEPUTY TAHSILDAR (RR),
3. BRANCH MANAGER,KFC,PERUMBAVOOR.
4. STATE OF KERALA REPRESENTED BY SECRETARY
For Petitioner :SRI.R.ANILKUMAR
For Respondent :SRI.P.PARAMESWARAN NAIR, SC, KFC
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :02/07/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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WP(C) No. 11567 of 2007
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Dated, this the 2nd day of July, 2007
J U D G M E N T
Heard learned counsel for the petitioner and learned Standing
Counsel for the KFC. Petitioner’s request is only for grant of OTS
benefit. Learned Standing Counsel for the KFC submitted that even for
considering OTS, petitioner has to make payment of 10% of the
outstanding liability. Moreover, regular OTS scheme is not in force is
his contention. Even if OTS scheme is not there, the Board of the
Company is still free to grant OTS or other incentives, provided
petitioner co-operates in the matter. In the circumstances, petitioner is
directed to pay Rs. 4 lakhs on or before 31/07/2007 and offer time
frame within which he can remit the balance liability exclusive of
incentives, for the 1st respondent to grant OTS benefit. If petitioner
makes application after payment and offers clearance of liability within
a reasonable time, there will be direction to the 1st respondent to grant
OTS benefits or at least waiver of default interest and penal interest.
However, if petitioner does not make payment and apply for OTS as
above, respondents can proceed for recovering entire arrears after
31/07/2007.
This WP(C) is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg
