IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 26896 of 2010(J) -------------------------- PETITIONER : -------------------- JUSTIN RAJ, S.K.BHAVAN, THIRUPURAM, NEYYATTINKARA. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): ------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, THRISSUR - 01.. 2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, NEYYATTINKARA 1ST BRANCH, NEYYATTINKARA - 695 121. 3. SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LIMITED, AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA - 695 121. R1 & R2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC R3 BY SR. GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26896 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 & EXT.P1(a) : COPY OF THE RECEIPTS DATED 13-1-2000 AND 12-10-2000 ACKNOWLEDGING PAYMENT OF MONEY. EXT.P2 : COPY OF THE RECEIPTS DATED 23-6-2010 ACKNOWLEDGING PAYMENT OF MONEY. EXT.P3 : COPY OF THE NOTICE DATED 31-7-2010 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.26896 OF 2010 ---------------------------------------------- Dated this the 21st day of July, 2011 JUDGMENT The petitioner challenges recovery proceedings initiated by the respondents for recovery of loan amounts due from the petitioner to the Kerala State Financial Enterprises. The petitioner seeks only time to pay off the amounts. This Court passed following interims order on; 27.8.2010, “ Admit. Sri. M.K. Chandra Mohan Das, the learned Standing counsel, takes notice for the respondents. There will be an interim order staying further proceedings for sale of the security in the event of the petitioner depositing the sum of Rs.50,000/- (Rs. Fifty thousand only) on 30.8.2010 with the third respondent and a further sum of Rs.50,000/- (Rs.Fifty thousand only) on or before 30.9.2010. it is clarified that in the event of the petitioner failing to remit the first instalment of Rs.50,000/- with the third respondent before the time fixed for sale on 30.8.2010, this order of stay shall stand recalled.” and on 2.9.2010, “I.A.No.11976/10 This petition has been filed with a prayer W.P.(C)No.26896/10 2 to enlarge the time to comply with the directions in the interim order dated 27.8.2010. two weeks' time is granted from 27.8.2010 for that purpose. In case, the direction as per order dated 27.8.2010 is complied within the said stipulated time it should be deemed as compliance with the order dated 27.8.2010.” Insofar as the liability is not disputed and the petitioner has not complied with the directions in the interim orders, I am not inclined to further extend the indulgence of this Court to the petitioner. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.26896/10 3 W.P.(C)No.26896/10 4