IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WA.No. 1295 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.15292/2009 Dated 10/06/2009 .................... APPELLANT/PETITIONER ------------------------------------ SHEEBA JAYARAJ, D/O.PEETHAMBARAN, PUTHYATHU VEEDU, MAKKAPPUZHA P.O., PATHANAMTHITTA DISTRICT-689 676. BY ADV. SRI.ANCHAL C.VIJAYAN SMT.MINI.S.DAS RESPONDENT/RESPONDENT: ------------------------------------------ HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC HOUSE, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682 015, REPRESENTED BY ITS AUTHORISED OFFICER NISHAD AHMED.O. BY STANDIG COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1295 of 2009 & I.A.No.962 of 2009 ------------------------------------------ Dated this the 19th day of October, 2009 JUDGMENT A.K. Basheer, J. This writ appeal is directed against the judgment dated June 10, 2009 in W.P.(C) No.15292 of 2009. By the impugned judgment, the learned Single Judge had granted instalment facility to the appellant/petitioner to wipe off the entire outstanding payable by her to the respondent. 2. In view of the intervening developments we do not deem it necessary to deal with the various contentions raised by the parties at this stage. 3. It was submitted by the appellant that she was prepared to discharge the entire liability by making lump sum payment if penal interest was not levied. A sum of Rs.5,02,000/- was paid to show her bona fides. The respondent agreed to consider waiver of penal interest if the outstanding dues would be paid in a lump. W.A.No.1295 of 2009 - 2 - 4. When this writ appeal came up for consideration on October 5, 2009, it was brought to our notice that the appellant had remitted Rs.7,33,500/- (Rupees seven lakhs thirty three thousand and five hundred) excluding the amount due towards additional interest. It was pointed out that the amount by way of additional interest would be in the region of Rs.2.36 lakhs. After negotiation, it was suggested that the respondent Corporation may accept Rs.1.6 lakhs towards additional interest and close the loan account, apart from withdrawing the criminal proceedings in respect of the dishonoured cheques. 5. Today, when the case is taken up, it is submitted by the learned counsel for the appellant that the appellant has remitted a sum of Rs.1.6 lakhs on October 15, 2009 by way of Demand Draft. The Corporation has acknowledged receipt of the said sum. 6. Learned Standing Counsel for the respondent Corporation submits that a further sum of Rs.13025/- towards principal component is due from the appellant. 7. However, having regard to the entire facts and circumstances of the case, particularly since the appellant has been W.A.No.1295 of 2009 - 3 - quite prompt in remitting the amounts, atleast during the pendency of this writ appeal, we are of the view that the Corporation can forgo the said sum of Rs.13025/- also. We make it clear that this concession is being given to the appellant only in view of the peculiar facts and circumstances of this case. The Corporation shall take steps to withdraw the criminal proceedings pending against the appellant under Section 138 of the Negotiable Instruments Act immediately. Writ appeal is closed in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns