IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WA.No. 2037 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.23754/2009 Dated 19/08/2009 .................... APPELLANT/PETITIONER: ------------------------------------- SREEKRISHNA RUBBERS, MUTHALAMADA P.O. VIA KOLLENGODU, PALAKKAD DISTRICT, REPRESENTED BY RANJITH BOSE (PROPRIETOR). BY ADV. SRI.T.O.XAVIER RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., (A GOVERNMENT OF INDIA ENTERPRISE), S-67, G.C.D.A., COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, COCHIN-682 031. 2. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., (A GOVERNMENT OF INDIA ENTERPRISE), REGISTERED OFFICE, NEAR INDUSTRIAL ESTATE, OKHLA, NEW DELHI-110 020. 3. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., (A GOVERNMENT OF INDIA ENTERPRISE), REGIONAL OFFICE AT 615, ANNASALAI, CHENNAI-600 006. BY ADV. SRI.MILLU DANDAPANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2037 of 2009 ------------------------------------------ Dated this the 4th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellant/petitioner who had availed financial loan facility from the third respondent for establishing a mixing mill, calender machine, rubber extruder, etc. became defaulter in repayment. Even though after such default, he was offered one time settlement as per Ext.P3, no timely payments were made and as such coercive steps were initiated. 2. Even before the learned Single Judge it was submitted that the appellant/petitioner was ready to deposit Rs.26 lakhs. Considering the previous undertaking given being not complied inspite of the earlier concessions given, the learned Single Judge deemed it fit not to entertain such an offer and hence the present appeal. 3. Even before this Court, similar prayer was made and based on such submission, this Court by order dated 20th October, W.A.No.2037 of 2009 - 2 - 2009 directed the appellant to deposit a sum of Rs.26 lakhs on or before 31st October, 2009 to show his bona fides. It is not in dispute that the appellant, for whatever reasons, has not deposited the said amount. 4. In that view of the matter, in our view, the learned Single Judge was justified in observing that the appellant has no mind to clear the debt and get back the property inspite of opportunities after opportunities are given to him. We find no merit in the writ appeal and accordingly it is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns