IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 36871 of 2010(H) ---------------------------------- PETITIONER(S): ------------------- M/S.SIVA GANGA, REPRESENTED BY ITS CHAIRMAN P.R.VIJAYAN, SANTHINIVAS, KATTADIVILA, CHERUNNIYOOR.P.O., VARKALA. BY ADVS. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): -------------------- 1. KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM, REPRESENTED BY THE MANAGING DIRECTOR, PIN-695 033. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, VELLAYAMBALAM, TRIVANDRUM, PIN-695 033. R1 & R2 BY ADV. SRI.A.A.ABDUL HASSAN, SC., KFC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 36871 of 2010 H ``````````````````````````````````````````````````````` Dated this the 10th day of December, 2010 J U D G M E N T Petitioner availed of a loan from the respondent for the establishment of a naturopathic unit and a swimming pool. Default was committed and it would appear that the respondent extended the petitioner the benefit of a scheme of One Time Settlement. Though the initial payments were made, default was committed, as a result of which, according to the Standing Counsel for the respondent, the petitioner lost that benefit also. 2. In this writ petition what is sought by the petitioner is that he should be given an instalment facility to pay the balance amount under the OTS Scheme. However, as rightly pointed out by the learned Standing Counsel for the respondent, since the petitioner did not make payment in terms of the OTS Scheme, the petitioner has lost the benefit and hence he cannot ask for any instalment facility. W.P.(C) No.36871/10 : 2 : 3. Be that as it may, having regard to the financial constraints pointed out by the counsel for the petitioner, I feel that the petitioner should be given a last chance to make payment of the dues and apply for revival of the benefit of the OTS Scheme that was already extended to the petitioner. 4. Therefore, I direct that if the petitioner pays the balance amount due under the OTS Scheme, the benefit of which was extended to him, together with the over due interest and incidental expenses, within eight weeks from today, it will be open to the petitioner to make an application to the first respondent for revival of the said benefit and close the liability on that basis. Subject to payment as above, if a representation is made, orders will be passed within four weeks of its receipt. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge