IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR SATURDAY, THE 1ST DECEMBER 2007 / 10TH AGRAHAYANA 1929 WP(C).No. 13998 of 2004(N) -------------------------- PETITIONER: ------------ JOY A., S/O. C.V.ESTHAPPAN, KULAPOYIKA PUTHEN VEEDU, KANRACODE, KUNDARA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. TAHSILDAR (RR), PATHANAPURAM TALUK. 2. TAHSILDAR (R.R), KOLLAM. 3. MANAGER, CATHOLIC SYRIAN BANK, BRANCH, KUNDARA. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN SRI.PRAVEEN K. JOY ADV. SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 13998/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE ISSUED to the GUARANTOR SMT.MARYKUTTY. P2 : COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 14/04/2004. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- WP(C) No. 13998 of 2004 ------------------------- Dated, this the 1st day of December, 2007 J U D G M E N T Even though liability is admitted, petitioner says that his auto- rickshaw business was complete failure and he has to settle liability only by sale of his property. In the circumstances, this writ petition is disposed of directing 3rd respondent to grant OTS benefit to the petitioner for settlement of liability and grant reasonable time to settle liability, if petitioner offers payment at least, within a period of four months. There will be direction to the 3rd respondent to waive complete penal and default interest and allow petitioner to settle liability on payment of balance loan amount with agreed rate of interest without compounded rate, if OTS benefit is less favourable to the petitioner than this arrangement. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg