IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WA.No. 972 of 2009 ---------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.5817/2009 DATED 30/03/2009 .................... APPELLANTS: --------------------- 1. P.C .BAIJU, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. 2. P.C. RAJEEV, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. 3. NALINI CHANDRAN, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADVS. MR.B.V.JOY SANKER, MR.BOBBY MATHEW. RESPONDENTS: ------------------------ 1. KERALA STATE FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM -695 033, REP. BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL CORPORATION, KATTAPPANA, IDUKKI DISTRICT. 3. THE BOARD OF DIRECTORS, KERALA STATE FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REP. BY ITS CHAIRMAN. R1 TO R3 BY ADV. MR.M.M.SAYED MUHAMMED, SC, KFC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN & P.R.RAMACHANDRA MENON, JJ. -------------------------------------- W.A.No.972 of 2009 ------------------------------------- Dated 30th April, 2009 JUDGMENT Ravindran, J . Heard Sri.Joy Sanker, the learned counsel appearing for the appellants and Sri.M.M.Syed Muhammed, the learned Standing Counsel appearing for the respondents. 2. By the judgment impugned in this writ appeal, the learned Single Judge disposed of the writ petition with a direction that in the event of the petitioners paying one third of the amount due within four weeks from 30.3.2009, and submitting a representation to the second respondent, the second respondent shall consider the petitioners' request for one time settlement and pass orders thereon. The learned counsel appearing for the appellants submits that the appellants have remitted the sum of Rs.5,00,000/= with the second respondent on 29.4.2009 within the period of four weeks and that notwithstanding earnest efforts they could not pay the balance amount so as to make up one third of the amount due. The learned counsel appearing for the appellants also submits that the appellants may be given four weeks further time to pay the remaining amount ordered to W.A.No.972/2009 2 be paid by the learned Single Judge. The learned counsel for the respondents very fairly conceded that they have no objection in this Court granting to the appellants four weeks further time from today to pay the balance amount as directed by the learned Single Judge. In the light of the submissions made at the bar, we dispose of this writ appeal with the direction that if the appellants pay one third of the amount due, to the second respondent on or before 31.5.2009, the second respondent shall consider the appellants' request for one time settlement and pass orders thereon, within two months from the date on which they remit the amount payable as directed by the learned Single Judge. In the event of failure on the part of the appellants to remit the balance amount within the time stipulated above, the appellants will not be entitled to any benefit pursuant to the directions issued by the learned Single Judge. P.N.RAVINDRAN JUDGE P.R.RAMACHANDRA MENON JUDGE TKS