IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 14656 of 2008(T) -------------------------- PETITIONERS: ---------------- 1. ULLAS K.V., PADIYEZHATHU MADOM, KANNIMELCHERRY, KAVANADU P.O., KOLLAM DISTRICT. 2. V. GEETHA, W/O. ULLAS -DO -DO-. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN SMT.M.R.ANUPAMA RESPONDENTS: ------------------ 1. THE REGIONAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., REGIONAL OFFICE, KOLLAM. 2. THE CHIEF MANAGER, VADAYATTUKOTTA BRANCH, KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM. 3. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., SAKTHIKULANGARA BRANCH, KOLLAM. 4. THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 14656 OF 2008 T ==================== Dated this the 1st day of September, 2008 J U D G M E N T Petitioners were defaulters to the 3rd respondent. It is stated that when recovery steps were initiated, they moved the District Legal Services Authority, Kollam and the matter was settled for Rs.5.65 lakhs, which ought to have been paid on or before 31/12/2007. According to the Company, this settlement was arrived at a time when the liability of the petitioners was to the tune of Rs.8,83,604/-. This amount was not paid in terms thereof and on application made by the petitioners, time for payment was extended till 18/5/2008 , on condition that the petitioner make payment of Rs.1.65 lakhs before 21/1/2008. Petitioners submit that by Ext.P10, they paid 1.65 lakhs and therefore, they had time till 18/5/2008. 2. It is stated that before the expiry of the time, they made Exts. P12 to P14 representations for enlargement of time and that there was no response. Yet another request that they made was that a chitty subscribed by them in the 2nd respondent branch of the Kerala State Financial Enterprises had prized and therefore the money due to them from the 2nd WPC 14656/08 :2 : respondent could be adjusted towards their liability to the 3rd respondent and that the security offered to the 3rd respondent could be released and kept as security to the chitty in the 2nd respondent Branch. Though there appears to have been a response by Ext.P21, favourable to them, fact remains that it did not materialize and hence this writ petition has been filed and relief sought is for adjustment of the security in the manner as mentioned above and release of the prize money and adjustment of the same towards the dues of the 3rd respondent Branch. 3. Respondents contest the matter and according to them, the OTS had failed as the petitioners did not pay the money in time. It is also stated that even if the amount is available for adjustment that will not discharge the liability in full. It is also stated that on account of their defaults, revenue recovery action is being continued. 4. I do not think it necessary for this Court to enter into the merits of the controversy because the OTS was conditional that the payment should be made on or before 31/12/2007, which was extended till 18/5/2008. Fact remains that liability has not been discharged. On both the occasions, when period has been fixed and extended, it was done by the Adalath and if that be so, it was for the petitioners to have sought WPC 14656/08 :3 : and got time extended by the Adalath, which has not happened. Therefore, unless the time is got extended by the petitioners, there arise no question of adjustment or discharge of the liability in the manner they want. 5. The relief prayed for cannot be granted in this writ petition and it is for the petitioners to pursue their remedy for getting the time extended and then seek appropriate reliefs. Counsel for the petitioners submit that the if they move the Adalath, the Adalath should also consider their request for adjustment in the manner suggested by him. I do not think it appropriate for me to issue any direction as prayed and it will be open to the petitioners to seek appropriate reliefs and it is for the Adalath to consider and pass orders. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp