IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4847 of 2007(B) -------------------------------------- PETITIONER(S): ------------------------- JOSEPH PRAKASH, THONIKUZHY HOUSE, THUDANGANADU P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADVS.MR.MATHEW KUZHALNADAN, MR.JOSE ABRAHAM. RESPONDENT(S): --------------------------- 1. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, THODUPUZHA, IDUKKI, KERALA. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM, KERALA. 3. SHYLAJA UNNIKRISHNAN, VARAMBANANICKAL, MUTTOM, THODUPUZHA. R1 & R2 BY ADV.MR.M.M.SAYED MUHAMMED, SC, KFC R3 BY MR.P.JACOB VARGHESE, SENIOR ADVOCATE, BY ADV.MR.TOM JOSE (PADINJAREKARA), MR.V.MANOJ KUMAR, MR.VIVEK VARGHESE P.J., MR.K.B.ARUN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4847/2007 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE AGREEMENT. P2: COPY OF THE LETTER DTD.15/03/2006. P3: COPY OF THE REQUEST DTD. 23/03/2006 SUBMITTED BEFORE THE DISTRICT INDUSTRIES OFFICE. P4: COPY OF THE DEATH CERTIFICATE. P5: COPY OF THE REQUEST LETTER DTD. 28/06/2006 SERVED ON THE 1ST RESPONDENT BY THE IIIRD RESPONDENT. P6: COPY OF THE DEMAND NOTICE DTD. 2/08/2006. P7: COPY OF THE RECEIPT ISSUEDBY THE 1ST RESPONDENT. P8: COPY OF THE ORDER OF THE C.D.R.F. IDUKKI DTD. 28/11/2006. P9: COPY OF THE MAHAZAR PREPARED BY THE 1ST RESPONDENT ON 28/11/2006. P10: COPY OF THE DIRECTION ISSUED BY THE IIND RESPONDENT TO THE 1ST RESPONDENT ON 13/12/2006. P11: COPY OF THE DIRECTION DTD. 15/12/2006. P12: COPY OF THE EXTRACT OF THE EVIDENCE GIVEN BY THE 1ST RESPONDENT IN C.C.NO.212/2006 BEFORE THE HON'B LE C.D.R.F. IDUKKI ON 8/01/2007. P13: COPY OF THE WITHDRAWAL PETITION DTD. 16/01/2007. P14: COPY OF THE NOTICE DTD. 3/02/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.4847 OF 2007 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT The petitioner claims that he is the present owner of an SSI unit, of which, certain facility was extended by the Kerala Financial Corporation. On failure to repay in time, Section 29 of the State Financial Corporation Act, 1951 was invoked and certain proceedings went on even before the CDRF. The petitioner claimed that he is entitled to the benefit of One Time Settlement scheme and that the first respondent refused to comply with the direction of the 2nd respondent in that regard. The petitioner has no interim orders in his favour. With the passage of time, all that needs to be noticed, going by the submission of learned counsel for the KFC, is that the loan transaction stands closed and that a criminal proceedings is pending at the instance of the KFC on allegation of trespass. WPC.4847/07 2 Without prejudice to any such proceedings, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/02.