IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 OP.No. 5417 of 1999(T) ---------------------- PETITIONER: ------------ ZACHARIA JAMES, PROPRIETOR, TEXACO PLASTICS, KAVALAM P.O., ALAPPUZHA DIST. BY ADV. SRI.V.P.SUKUMAR SRI.BOBBY JOHN RESPONDENTS: ------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. 2. THE DISTRICT LEVEL REHABILITATION COMMITTEE, ALAPPUZHA REP. BY ITS CHAIRMAN, DISTRICT COLLECTOR, ALAPPUZHA. 3. THE MANAGER, STATE BANK OF TRAVANCORE, KAVALAM. 4. THE DEPUTY TAHSILDAR(R.R.), TALUK OFFICE, KUTTANAD. BY ADV. SMT.M.E.NUSFA R1,2&4 BY G.P. SRI.TEKCHAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/08/2008, ALONG WITH OP NO.2982 OF 2001, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.9248/1999 IN O.P. NO.5417/1999 DISMISSED: 8.8.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PERMANENT SSI REGISTRATION CERTIFICATE DT.22.9.1978. P2: TRUE COPY OF APPLICATION FOR REGISTRATION UNDER SICK UNIT REHABILITATION PROGRAMME DT.30.10.1995 FILED BY THE PETITIONER BEFORE R2. P3: TRUE COPY OF REPRESENTATION DT.7.5.1997 FILED BY PETITIONER BEFORE R1. P4: TRUE COPY OF REPRESENTATION DT.10.11.1997 FILED BY PETITIONER BEFORE R1. P5: TRUE COPY OF RR NOTICE DT.17.9.1998 ISSUED TO THE PETITIONER BY R4. P6: TRUE COPY OF REPRESENTATION DT.25.9.98 FILED BY PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA. P7: TRUE COPY OF LETTER DT.24.11.1998 RECEIVED BY PETITIONER FROM R1. P8: TRUE COPY OF LETTER DT.21.4.98 RECEIVED BY PETITIONER ALONG WITH EXT.P7. P9: TRUE COPY OF LETTER DT.17.8.98 RECEIVED BY PETITIONER FROM R3. P10: TRUE COPY OF G.O. DT.28.7.98. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. Nos.5417 of 1999 & 2982 of 2001 .................................................................... Dated this the 8th day of August, 2008. JUDGMENT Both these cases are filed by the same person challenging recovery proceedings for recovery of margin money loan availed by him. One O.P. was filed in 1999 and the other in 2001. The petitioner was engaged in manufacture of low density polythene film and bags, the production of which now stand prohibited in the State. Therefore, the industry remains closed. Since there is no scope for rehabilitation, the petitioner's claim for benefit under rehabilitation scheme also does not apply. Therefore, the option to the petitioner is only to settle liability due to the creditors including the Government. It is stated that petitioner owes amount to Banks and properties are subject to charge. Since there was no stay, it is not known whether the amounts are recovered already. In any case if there is any amnesty benefit available for settlement of liability, the same should be granted to the petitioner. If liability is not settled, recovery can be continued. The O.Ps. are disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms