High Court Kerala High Court

Manuel Jacob vs The Branch Manager on 11 March, 2008

Kerala High Court
Manuel Jacob vs The Branch Manager on 11 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8204 of 2008(B)


1. MANUEL JACOB,S/O. JACOB
                      ...  Petitioner

                        Vs



1. THE BRANCH MANAGER,
                       ...       Respondent

2. KERALA FINANCIAL CORPORATION LTD

3. THE DEPUTY TAHSILDAR (R.R)

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.P.PARAMESWARAN NAIR, SC, KFC

The Hon'ble MR. Justice V.GIRI

 Dated :11/03/2008

 O R D E R
                            V.GIRI, J.
                            -----------
                      W.P.(C)No.8204 OF 2008
                      -----------------------------
           DATED THIS THE 11TH DAY OF MARCH, 2008


                        J U D G M E N T

Petitioner availed a loan of Rs.6,60,000/= from the Kerala

Financial Corporation Ltd. Admittedly there has been default in

the repayment. The Corporation proposes to bring the property

belonging to the petitioner to sale as evidenced by Exhibit P3.

Exhibit P1 will show that the petitioner was earlier given an

opportunity to settle the dues under the one time settlement

scheme. Apparently, the petitioner was not able to avail the

opportunity. The one time settlement facility offered by the

Corporation is available till 31.3.2008, according to the counsel

for the petitioner.

2. After hearing both sides, the writ petition is disposed

of directing the first respondent to consider the petitioner’s

application for one time settlement, provided the petitioner

makes a written request in this regard expressing his willingness

to settle the dues under the one time settlement scheme. The

W.P.(C)No.8204 OF 2008
2

request may be made on or before 28.3.2008 and it should be

accompanied by a deposit of Rs.2.5 lakhs. If the application for one

time settlement is accompanied by the deposit as aforementioned,

the second respondent shall consider the petitioner’s case for one

time settlement and a decision in this regard shall be taken within

30.4.2008. The sale proposed under Exhibit P3 shall be deferred

for a period of three months from today and the same shall

thereafter be subject to the decision to be taken under the one time

settlement scheme.

V.GIRI, JUDGE.

dsn