High Court Kerala High Court

Nirmala Prasad vs Kerala Financial Corporation on 5 August, 2009

Kerala High Court
Nirmala Prasad vs Kerala Financial Corporation on 5 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16749 of 2009(K)


1. NIRMALA PRASAD, W/O.LATE PRASAD,
                      ...  Petitioner
2. ARUN, S/O.LATE PRASAD,
3. ANOOB, S/O.LATE PRASAD,
4. ASWIN, S/O.LATE PRASAD,

                        Vs



1. KERALA FINANCIAL CORPORATION,
                       ...       Respondent

2. DEPUTY THAHSILDAR R.R.,

                For Petitioner  :SRI.B.PREMOD

                For Respondent  :SRI.K.JAJU BABU,SC,KERALA FINANCIAL COR

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :05/08/2009

 O R D E R
                   P.R. RAMACHANDRA MENON J.
                      ~~~~~~~~~~~~~~~~~~~~~~~
                      W.P. (C) No. 16749 of 2009
                      ~~~~~~~~~~~~~~~~~~~~~~~
                Dated, this the 5th day of August, 2009

                                JUDGMENT

The deceased husband of the first petitioner had availed a loan

of Rs. 3,55,500/- from the first respondent in the year 1997, for

purchasing a jeep. Subsequently, the borrower took his last breath on

24.7.99 and when the repayments could not be effected as scheduled,

the respondents proceeded with the coercive steps. This was sought to

be intercepted by filing W.P.(C) 36275 of 2008, claiming for the benefit

of ‘OTS’, which led to Ext.P2 judgment.

2. As obvious from Ext.P2, the petitioners were permitted to avail

the benefit of ‘OTS’, giving appropriate directions to the respondents,

on condition that, the petitioners remitted a sum of Rs.1 lakh within one

month as specified. It is now brought to the notice of this Court as per

the statement filed from the part of the respondents that, in spite of the

specific direction given by this Court, the petitioners did not choose to

remit the sum of Rs. 1 lakh, nor did they file any fresh application for

‘OTS’. It is also stated that, the outstanding liability as on date will come

to about Rs. 17,28,869/- as given in paragraph 11 of the statement filed

by the respondents.

3. However, it is also pointed out by the respondents in

paragraph19 of the statement that, notwithstanding the lapses on the

WP (C) No. 16749 of 2009
: 2 :

part of the petitioners, merely as a gesture of goodwill and help, the

respondents are ready to revive the ‘OTS’ for Rs. 4.5 lakhs as originally

granted to the petitioners, provided the said amount is remitted within

two months along with defaulted interest, by way of simple interest at

the rate of 12 % p.a. from 21.3.2002, the revenue recovery charges

and other incidental expenses/costs. The learned counsel for the

petitioners submits that, the course suggested by the respondents is

very much acceptable to them.

4. In the above circumstances, the petitioners are directed to

remit a sum of Rs. 4.5 lakhs with such other incidental charges as

specified within two months; subject to which, the coercive steps, now

stated as being pursued against the petitioners shall be kept in

abeyance. If any default is committed by the petitioners, the

respondents are at liberty to proceed with further steps, from the stage

where it stands now, for the realization of the entire amount in a lump

sum.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON, JUDGE

kmd