IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8663 of 2009(C) -------------------------------------------- PETITIONER(S): --------------------- BITOMY JOSEPH, AGED 36 YEARS, S/O.JOSEPH, MANICHIRAYIL HOUSE, ARUMANOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): ------------------------- 1. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM 695035, REPRESENTED BY ITS SECRETARY. 2. THE PROJECT OFFICER, KERALA KHADI GRAMAVYAVASAYA OFFICE, KOTTAYAM. BY ADV. SHRI K.P. HARISH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8663 OF 2009 C -------------------------------------- Dated this the 26th March, 2009 JUDGMENT Petitioner challenges Ext.P3. He had availed a loan. He was granted One Time Settlement as per which he had to pay the amount by 31.12.2008. He filed application for enlargement of time. He filed Writ Petition. As revealed from Ext.P2 Judgment rendered by this Court in the Writ Petition filed by the petitioner himself, the validity of the OTS has been extended till 31.3.2009 and taking note of the submission of the respondent, this Court directed the petitioner to make fresh application and it was directed to be considered in terms of the Scheme in force. Petitioner was called upon by Ext.P3 to pay Rs.4,97,445/=. Learned standing counsel would point out that the petitioner can either avail the benefit of paying the amount by 31.3.2009 or he can be given some instalment facility to pay the original amount. I find force in the contention of the respondents that the petitioner cannot claim the benefit of OTS and to pay the said WPC.8663/09 C 2 amount in instalments. I feel that the petitioner can be given time to pay the actual amount due with due interest in ten instalments provided the petitioner pays Rs.75,000/= (Rupees Seventyfive Thousand) on or before 31.3.2009. Accordingly, the Writ Petition is disposed of as follows: Petitioner is permitted to pay the entire amount due with interest (not the amount mentioned in Ext.P3) in ten instalments on condition that the petitioner pays the first instalment of Rs.75,000/= (Rupees Seventyfive Thousand) on or before 31.3.2009 and the remaining nine instalments shall be paid on or before the 30th of every succeeding month. The first respondent will intimate the petitioner, upon the petitioner paying Rs.75,000/= , the exact amount of instalments to be paid by the petitioner in terms of this Judgment, within ten days of making the payment of Rs.75,000/= as aforesaid. If the petitioner pays in accordance with this Judgment, the recovery proceedings will be kept in abeyance. Otherwise, if the petitioner does not pay either Rs.75,000/= or any single instalment, he will forfeit the WPC.8663/09 C 3 benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge