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 TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WA.No. 1604 of 2009 ------------------------- AGAINST THE JUDGEMENT IN WPC.4501/2006 Dated 23/03/2009 .................... APPELLANT: PETITIONER ---------------------------- HOLY CROSS HOSPITAL, PUTHUKAD, THRISSUR DISTRICT REPRESENTED BY ITS POWER OF ATTORNEY, DR.JOHNY.M.C. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. KERALA FINANCIAL CORPORATION, VELLAYAMBALAM THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, SMART CENTRE, KOKKALA, THRISSUR DISTRICT. ADV. SRI.S.SREEKUMAR,SC,KERALA FINANCIAL COR FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1604 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2009. Judgment Bannurmath, CJ: Challenging the order of the learned single Judge disposing of the writ petition with certain directions, the present appeal is filed. 2. The appellant has availed of an industrial loan of Rs.106 lakhs for construction of a hospital and as on the date of filing of the writ petition, the amount due to the Kerala Financial Corporation was to the tune of Rs.1.6 crores. The writ petition was filed contending that though the appellant had offered a sum of Rs.25 lakhs under OTS scheme in the year 2004, rejection of the same by the first respondent Kerala Financial Corporation was illegal. Considering the huge amount due and the fact that the appellant is a chronic defaulter, nevertheless, the learned single Judge granted one more opportunity to the appellant directing the Financial Corporation to consider settlement under the OTS guidelines, provided the appellant deposits Rs.80 lakhs out of 1.6 crores due on that date. This direction is challenged before us. 3. This Court in order to further consider the bona fides on the part of the appellant, by the order dated 17/8/2009 directed the appellant to remit an amount of Rs.25 lakhs and on such deposit WA.1604/09. : 2 : directed the respondent to consider the eligibility of the appellant for One Time Settlement. It is not in dispute that this amount has not been deposited under the guise that the National Highway Authority owes nearly a sum of Rs. 28 lakhs to the appellant and as the same is not released, the appellant was unable to deposit the initial amount of Rs.25 lakhs. On the other hand, learned counsel appearing for the Kerala Financial Corporation submits that according to his enquiry, the amount due from the National Highway Authority is hardly Rs.5 lakhs and it will not cover the amount as directed by this Court on 17th August 2009. Though there is dispute as to the amount lying with the National Highway Authority, we are not required to go into the same as it is open for the appellant to collect that amount, but what we see is lack of bona fides. Even otherwise as against huge dues, payment of Rs.25 lakhs as OTS is highly unreasonable and the Kerala Financial Corporation has rightly rejected the same. Even the opportunity given by the learned single Judge in this regard has not been availed and as such we see no bona fides on the part of the appellant and hence this writ appeal is dismissed, as devoid of merits. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.