IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 7193 of 2003(F) ---------------------- PETITIONER: ------------ P.G.VISWANATH MEMORIAL CHARITABLE ENTERPRISES, REPRESENTED BY ITS PRESIDENT, K.V.PRADEEP, THAIKKAL (P.O), ALLEPPEY DISTRICT. BY ADV. SRI.K.G.UNNIKRISHNAN NAIR RESPONDENTS: ------------- 1. KERALA KHADI & VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. DY.TAHASILDAR (RR), CHERTHALA. BY GOVERNMENT PLEADER SHRI.K.P.HARISH, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 7193/2003 ORDER ON CMP NO. 12603/2003 IN O.P.NO. 7193/2003 DISMISSED. 09/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE OF REGISTRATION DATED 19/12/80. P2 : COPY OF DEMAND NOTICE ISSUED BY DY.TAHSILDAR (RR) DATED 03/06/2002. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 7193 of 2003 --------------------------------- Dated, this the 9th day of January, 2008 J U D G M E N T Petitioner, admittedly, availed loan from first respondent, Khadi Board, and defaulted payment. Learned standing counsel for first respondent submitted that in spite of instalment facility granted by this Court earlier, in O.P.NO. 12575/2001, petitioner did not make payment, and consequently recovery is continued. The present case of the petitioner herein is that petitioner will sell the property and settle liability. This original petition is pending for the last four years and I find no justification for keeping the original petition pending in this court any longer. Since the liability accumulated is on account of mounting interest, I direct first respondent to grant OTS benefit to the petitioner, provided petitioner remits 10% of the arrears and makes an application in this regard within a period of two weeks from receipt of this judgment. Besides this, OTS benefit should be granted only if balance arrears, in terms of the OTS benefit, is paid within the time granted by Khadi Board. However, if petitioner does not make payment as above, recovery can be continued in terms of the loan agreement. This original petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg