IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 R.P.No. 383 of 2008(K) -------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33913/2007 Dated 11/12/2007 ..................................... PETITIONER/PETITIONER: ------------------------------ NADEERA BEEVI, M.S.AUDITORIUM KUNNIKODU, KOLLAM (REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR.SAFARULLA S/O.MYTHEEN KUNJU, THUNDU VILA VEEDU AVANEESWARAM R.S.P.O., KUNNICODE, VILAKUDY VILLAGE PATANAPURAM TALUK, KOLLAM DISTRICT) BY ADV. SRI.T.A. SHAJI SMT.T.V. NEEMA RESPONDENTS/RESPONDENTS: ------------------------------------ 1. KERALA FINANCIAL CORPORATION VELLAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER KERALA FINANCIAL CORPORATION, BRANCH OFFICE A.G.C.COMPLEX, BEACH ROAD, KOLLAM-691001 BY ADV. SRI. A.A. ABDUL HASSAN, SC FOR R1 GOVT. PLEADER, SMT. K.R. DEEPA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. =============== R.P. NO. 383 OF 2008 IN W.P.(C) NO. 33913 OF 2007 (K) ==================== Dated this the 25th day of June, 2008 O R D E R Review of the judgment of this court in WP(C) No.33913/07 is what is sought for. The main contention is regarding the adjustment of Rs.3.95 lakhs. While the petitioner contends that this amount was paid towards OTS advance and that it should have been adjusted against the amount payable under the OTS Scheme, the Corporation took the stand that it was excluding that amount, the OTS amount was fixed and therefore, the OTS amount should be paid in full. Now in the counter to the review petition, KFC has produced additional materials, which confirms the correctness of the position it was canvassing. In view of that there is absolutely no error in the judgment warranting review. 2. Now the position is that the petitioner has paid in full the OTS amount and what remains unpaid is interest for belated payment, which is Rs.6,16,513/- upto 29/3/2007. This amount the petitioner will have to pay and having regard to the circumstances and taking into account the request made by the counsel for the petitioner, I feel that a reasonable RP No.383/08 in WPC 33913/07 :2 : instalment facility can be granted for paying the amount. 3. I heard the standing counsel for the respondents also. 4. Having regard to the submissions made as above, the review petition is disposed of directing that the petitioner will be permitted to pay the belated interest in 3 equal monthly instalments. The first instalment will be paid by the petitioner before 25/7/2008 and the second and third instalments will be paid on or before 25th of August and September, 2008. Before the first instalment falls due, respondents shall intimate the petitioner the exact amount that is payable by her. Review petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp