IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8537 of 2008(N) ------------------------- PETITIONER: -------------- FATHIMA M.A. W/O.K.Y.RASHEED, PROPRIETRIX, SHIFA BAKE HOUSE, CIVIL STATION WARD, ALAPPUZHA, RESIDING AT 'FARIS', CIVIL STATION WARD, ALAPPUZHA. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENTS: ----------------- 1. THE KERALA STATE FINANCIAL CORPORATION. THIRUVANANTHAPURAM REGION, REPRESENTED BY ITS REGIONAL MANAGER. 2. THE KERALA FINANCIAL CORPORATION, ALAPPUZHA BRANCH, KUMURANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA, REPRESENTED BY ITS MANAGER. 3. THE DEPUTY TAHSILDAR [R.R.] KERALA STATE FINANCIAL CORPORATION, ALAPPUZHA BRANCH DO. DO. BY SRI.V.V.UNNIRAJ, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8537 OF 2008 N ==================== Dated this the 14th day of March, 2008 J U D G M E N T Petitioner is a defaulter to the respondents. It is stated that on Ext.P1 application made by the petitioner for One Time Settlement Scheme, she was called for a discussion by Ext.P2. The petitioner submits that though she reported in pursuance to Ext.P2, the officers of the respondents refused to discuss the matter. 2. Learned Standing counsel on instructions contradicts this submission. According to the standing counsel, petitioner was requested to remit 1/10th of the amount offered in Ext.P1 to process her request for OTS and that she did not comply with the said direction. 3. Irrespective of the factual dispute as above, now the request made by the petitioner is for an instalment facility in order to liquidate the liability and save the property from a distress sale. Of this request of the counsel, I heard the standing counsel for the Corporation and taking into account the submissions made by both sides, I dispose of this writ petition in the following manner. It is directed that 1/4th of the amount due from the petitioner shall be remitted by her before 31/3/2008. The amount still due will be paid by WPC 8537/08 :2 : the petitioner in four equal monthly instalments. The first instalment will be payable on the 30th of April, 2008 and the subsequent instalments will be payable on the 30th of every succeeding month. It is directed that the auction now scheduled to 19/3/2008 shall go on, but however, the confirmation shall be deferred. It is directed that if the petitioner makes payment as above, the sale shall not be confirmed and in case any default is committed, the respondents will be free to confirm the sale and proceed with the matter thereafter. ANTONY DOMINIC,JUDGE. Rp