IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12730 of 2008(M) -------------------------- PETITIONER: ------------ HARIDAS.C.S., S/O.SREEDHARAN.CV, CHOREKKATUVALAPPIL HOUSE, VARADIAM, AVANUR, THRISSUR DISTRICT. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENTS: ------------- 1. KERALA STATE OF FINANCIAL ENTERPRISES, REPRESENTED BY ITS REGIONAL MANAGER, THRISSUR-20. 2. DEPUTY TAHSILDAR (RR), KERLA STATE FINANCIAL ENTERPRISE, THRISSUR. 3. THE BRANCH MANAGER, KSFE, VADANAPPALLY BRANCH, THRISSUR. BY ADV. SRI.M.SASINDRAN/M.L. SAJEEVAN, SC, K.S.F.E., LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12730 OF 2008 -------------------------------------------- Dated this the11th day of April, 2008 JUDGMENT Petitioner availed loan under NCL scheme, but on account of failure in payment of chitty subscritpion , recovery proceedings were initiated. Counsel for the petitioner submitted that even though default is there in chitty subscriptions, petitioner is entitled to refund of amount paid towards subscriptions which is available for adjustment towards loan account. In the circumstances, W.P. is disposed of directing the third respondent to adjust the subscription amount of chitty paid by the petitioner against loan account and issue a statement of balance liability to the petitioner within ten days from the date of production of a copy of this judgment. Petitioner is granted 10 equal monthly instalments to clear the balance liability first of which will be paid on or before 30.4.2008 and the balance on or before 30th of nine succeeding months. Recovery proceedings will be kept in abeyance for payments as above. If petitioner commits default in payment of any 2 instalment, the instalment facility will stand automatically cancelled and respondents will be free to proceed for recovery of the entire arrears due. (C.N. RAMACHANDRAN NAIR) Judge kk 3