IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 9373 of 2007(N) ------------------------- PETITIONER: --------------- REMADEVI, MANNOOR PADINJATTETHIL, MUTHUPILAKKADU P.O. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------------ 1. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM- 695 033. 2. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, AGC COMPLEX, BEACH ROAD, KOLLAM- 691 001. BY SRI.A.A.ABDUL HASSAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.9373/2007 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTICE DESCRIBING THE LIST OF ARTICLES ATTACHED FOR AUCTION ISSUED BY THE RESPONDENT. EXT.P2: COPY OF NOTICE U/S.29 ISSUED BY THE RESPONDENT TO THE PETITIONER DEMANDING RS.10,37,272/. EXT.P3: COPY OF NOTIFICATION 22.2.2007 TAKING OVER THE UNIT OF THE PETITIONER. EXT.P4: COPY OF NOTICE U/S.33 ISSUED TO THE GUARANTOR SRI.MOHANAN PILLAI, THE PETITIONER'S HUSBAND. EXT.P5: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE STATEMENT OF ACCOUNTS IN TERM LOAN AS ON 31.03.2007. EXT.R1(B): COPY OF THE STATEMENT OF ACCOUNTS IN WORKING CAPITAL LOAN AS ON 31.03.2007. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.9373 of 2007 ================== Dated this the 24th day of July, 2008. J U D G M E N T The petitioner challenges recovery proceedings initiated by the Kerala Financial Corporation for recovery for loan amounts due from the petitioner to the Kerala Financial Corporation. On 20.3.2007 this court passed the following interim order: “There will be an interim direction that, if the petitioner deposits an amount of Rs.3 lakhs on or before 29.3.2007 and an amount of Rs.5 lakhs on or before 8.5.2007 and a further amount of Rs. 3 lakhs on or before 05.06.2007, the impugned action will stand suspended for a period of four months.” 2. It is admitted that the 1st instalment was paid and the subsequent instalments as per the order have not been paid. 3. In the above circumstances, I do not think that any further relief can be granted to the petitioner in this writ petition. However, if the petitioner moves a petition for OTS the respondents shall consider the same and pass appropriate orders. The writ petition is disposed of accordingly. S.SIRI JAGAN, JUDGE rhs