IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 19457 of 2000(N) ----------------------- PETITIONER: ------------------ ALEX BROTHERS, CHEMICAL CORPORATION PUTHENPURAKKAL, MALLAPPALLY P.O., PATHANAMTHITTA DISTRICT – A PARTNERSHIP REPRESENTED BY - i) ABRAHAM P. ALEX, MANAGING PARTNER. ii) ALEXANDER ABRAHAM, PARTNERSH iii) SHEELA ABRAHAM, DO. DO. iv) JOLLY PERUMAL, DO. DO. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANA KANNAN RESPONDENTS: ---------------------- 1. KERALA STATE FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM – REP: BY ITS MANAGING DIRECTOR. 2. DEPUTY TAHSILDAR (R.R.), KERALA FINANCIAL CORPORATION, ALAPPUZHA. 3. DISTRICT MANAGER, KERALA STATE FINANCIAL CORPORATION, PATHANAMTHITTA. 4. STATE OF KERALA – NOTICE FOR WHOM MAY BE SERVED ON THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.V.B.UNNIRAJ, SC, KFC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.32458 OF 2000 IN OP.NO.19457/2000 – N. DISMISSED. 8.2.2008. Sd/- C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS:- P1: Copy of the Small Scale Industries Regn. Certificate issued by the Government of Kerala. P2: Copy of the judgment dtd.16.9.1993 in OS.No.118/92 of Subordinate Judge, Thiruvalla. P3: Copy of the Memorandum of Appeal in AS.No.289/94 dtd.4.4.1994. P3(a): Copy of Memorandum of appearance filed by the Government Pleader. P4: Copy of the agreement entered into between the petitioner company and KFC dtd.23.1.1985. P5: Copy of the money receipt dated 1.1.1987 acknowledged by letter dated 4.2.1988 issued by the first respondent. P6: Copy of the notice No.1058 dtd. Nil issued to the petitioner by the 3rd respondent. P7: Copy of the reply sent by the petitioner to the 3rd respondent dated 6.11.1993. P8: Copy of the demand notice issued by the respondent to the petitioner dated 12.5.1994 under Sec.34 of RR Act. P9: Copy of the demand notice issued by the respondent under Sec.7 of the RR Act dtd.12.5.1994. P10: Copy of the injunction granted by the Subordinate Judge of Thiruvalla in IA.No.572/94 dated 12.9.1994. P11: Copy of the objections filed by the State Government dtd.5.7.1995 in OP.No.9/94 (Indigent). P12: Copy of the order in IA.No.1052/94, OP.Ind.No.9/94 dtd.16.10.1994 for impleading KFC as addl.4th respondent. P13: Copy of the proceedings of the first respondent dtd.29.6.2000 against the petitioner. P14: Copy of notice No.KFC(P)/1/94 dtd.1.7.2000 issued by the respondent to the petitioner. -: 2 :- P15: Copy of the notice No.KFC(P)/1/94 dtd.1.7.2000 issued by the first respondent under Sec.36 in Form II. P16: Copy of the letter of demand, dtd.15.2.1990 sent by the 3rd respondent. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.S. TO JUDGE. kvs/- C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 19457 OF 2000 -------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Since petitioner has offered to settle the liability under the OTS scheme and having regard to the amount involved, O.P. is disposed of directing the petitioner to remit Rs. 10 lakhs and make an application for OTS benefit within three weeks from now. If application is made as above, the Corporation will grant OTS benefit to the petitioner and give reasonable time to pay the amount under OTS scheme. I make it clear that the Corporation should be realistic in their demand because much of the liability is interest, compound interest and penal interest. (C.N. RAMACHANDRAN NAIR) Judge kk 2