IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WA.No. 1077 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.17746/2011 Dated 07/07/2011 .................... APPELLANT/PETITIONER: -------------- V.K.BABU, AGED 48, S/O.KUNJUKUTTY, M/S.SREELAKSHMI ENTERPRISES, VAKAVAYALIL HOUSE, VADANMEDU P.O., SOOLAPPARA, KARUNAPURAM VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY (MINISTRY OF FINANCE), SECRETARIAT, TRIVANDRUM-695914. 2. THE KERLA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, REP. BY MANAGING DIRECTOR, TRIVANDRUM-695914. 3. THE MANAGER, KERALA FINANCIAL CORPORATION, KATTAPPANA-685 508. 4. DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, KATTAPPANA-685 508. 5. THE VILLAGE OFFICER, KATTAPPANA VILLAGE-685 508. G.P. SMT.K.MEERA FOR R1,4 & 5 ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R2 & 3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1077 of 2011 .................................................................... Dated this the 4th day of August, 2011. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for KFC. While the appellant's prayer is only for three months' time for settlement of liability by sale of property by himself, Standing Counsel for KFC submitted that recovery started in 2006 and inspite of the facilities provided to the appellant and OTS benefit extended to him on several occasions, he could not settle liability. Even though we find force in the contention of the respondents that there has been inordinate delay in recovery of the arrears on account of protracted litigation, we feel as a last chance appellant can be granted two months on specific condition that Rs.5 lakhs will be paid within two weeks from today and the entire balance will be paid within sixty days from today, failing which there will be direction to the appellant to vacate from the mortgaged properties and hand over possession to the 3rd respondent- Manager of KFC on the 61st day for sale in auction. The KFC is 2 directed to withhold all proceedings for recovery for two weeks and if Rs.5 lakhs is paid, to withhold recovery for another 45 days therefrom and take over properties and sell the same, if default continues after two months from today. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms