IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 14469 of 2009(C) -------------------------- PETITIONER: --------------- SUBI KUMAR, S/O. SURENDRAN, SUNI VILASAM, VENGUR P.O., AYOOR, ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.SIVARAJ RESPONDENTS: --------------- 1. DEPUTY TAHSILDAR, (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, KOLLAM. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION. 3. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KOLLAM BRANCH, KOLLAM DISTRICT. BY ADV. SRI.A.A.ABUL HASSAN, SC, KFC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14469 of 2009(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF DEMAND NOTICE IN FORM NO.10 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE DEMAND NOTICE IN FORM NO.1 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P3 : TRUE COPY OF THE OBJECTION DATED 22.05.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4 : NIL EXT.P5 : NIL EXT.P6 : TRUE COPY OF RECEIPT DATED 09.12.2009. RESPONDENTS' EXHIBITS: ANNX.R2(A) : TRUE COPY OF THE LETTER DATED 18.10.2003. ANNX.R2(B) : TRUE COPY OF THE PETITIONER'S LETTER DATED 10.06.2008. ANNX.R2(C) : TRUE COPY OF THE STATEMENT OF ACCOUNTS. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 14469 OF 2009 ......................................................................... Dated this the 15th February , 2010 J U D G M E N T The petitioner had availed a vehicle loan of Rs.3.71 lakhs from the respondent-Corporation in the year 1999. However the petitioner turned to be a defaulter, under which circumstance, the respondents proceeded with further steps for realization of the amount due, which is sought to be intercepted in this Writ Petition. 2. The learned Counsel for the petitioner submits that the petitioner has already effected substantial payments, which, however has not been given due credit to. It is also brought to the notice of this Court that the condition imposed by this Court while granting the interim order on 27.05.2009, whereby a sum of Rs. One lakh was directed to be deposited, has also been complied with. Subsequently, on 19.01.2010, another sum of Rs.30000/- was directed to be paid, which has also been stated as satisfied by the petitioner. The learned Counsel further submits that the petitioner would like to have a negotiated settlement, particularly in view of the higher rate of interest and further since no 'OTS' is stated as available as on date. 3. The learned Standing Counsel for the respondents submits that all the amounts paid by the petitioner have been given credit to and absolutely no mistake has been committed. In any view of the W.P.(C) No. 14469 OF 2009 2 matter, if the petitioner files a representation, seeking for some or other concessions/allowances, the same will be definitely looked into and appropriate orders will be passed giving the benefits, if any, to the permissible extent., submits the learned Standing Counsel. 4. In the above circumstances, the petitioner is permitted to file a representation before the third respondent, seeking for appropriate reliefs within two weeks from the date of receipt of a copy of the judgment and on such an event, the same shall be caused to be considered and appropriate orders shall be passed as expeditiously as possible, at any rate within two months thereafter. The petitioner shall satisfy the amount, subject to the outcome of the representation, to be filed as aforesaid. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk