IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 17189 of 2010(W) -------------------------- PETITIONER: --------------- E.M.JOSE, M/S.GEMINI GARDENS, P.B.NO.22, GEMINI JUNCTION, THODUPUZHA. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, M/S.KERALA FINANCIAL CORPORATION BRANCH OFFICE, PULIMOOTTIL ARCADE, MUVATTUPUZHA ROAD, THODUPUZHA, IDUKKI DISTRICT. 2. M/S.KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.17189 of 2010 --------------------------------- DATED THIS THE 22nd DAY OF JUNE, 2010 JUDGMENT The petitioner, who is running a bar hotel, is aggrieved by the demand notice issued as per Exhibit P3 by the respondents herein seeking for remittance of the entire balance amount due under a loan account. 2. The petitioner had availed of two different loans in the year 2000 as well as in 2007 for a total amount of Rs.22 lakhs. Exhibit P1 is the copy of the statement of accounts. He availed another loan of Rs.15 lakhs on 13.8.2009, the repayment of which started on 10.3.2010. According to the petitioner, even though he is repaying the loan from time to time, due to severe financial stringencies and difficulties, the entire instalments could not be paid in time. 3. Heard the learned Standing Counsel for the respondents. It is submitted by the learned counsel for the petitioner that the petitioner will remit in two instalments the amounts to the tune of Rs.1,53,318, which is the amount W.P.(C)No.17189/10 -2- representing the principal arrears. The learned Standing Counsel for the Corporation submitted that the petitioner will have to remit the other instalments from time to time along with the arrears. 4. Therefore, the Writ Petition is disposed of directing the petitioner to make the first instalment representing the 50% of the balance amount as shown above on or before 10.7.2010 and the balance amount will be paid by the 10th of August, 2010. He will continue to remit other instalments from time to time. If such remittances are made, further action pursuant to Exhibit P3 will be dropped. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn