IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 19371 of 2009(N) -------------------------- PETITIONER(S): --------------- ASOKAN VASU,HOTEL ASLIYYA GRANDE, THATTUPALAM JUNCTION,NAVAIKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REP.BY ITS GENERAL MANAGER, HEAD OFFICE,VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, HEAD OFFICE BUILDINGS,VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 3. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,THIRUVANANTHAPURAM-695 033. BY SC SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).19371/2009 -------------------- Dated this the 14th day of July, 2009 JUDGMENT Petitioner constructed a Three Star Hotel, inter alia after availing a loan facility from the Kerala Financial Corporation. He defaulted repayment of the same. In the meanwhile, alleging that there is encroachment into puramboke land, steps were taken against him under the Land Conservancy Act. Therefore, petitioner has not been able to run the hotel. Corporation has issued Ext.P5 intimating the petitioner that the arrears due as on 21.2.2009 is Rs.11,44,647/-. Petitioner essentially seeks an instalment facility. Learned counsel for the Corporation submits that the total amount due would be in excess of 1 Crore. But time for repayment of the same has not expired. 2. In the facts and circumstances, Corporation shall permit the petitioner to discharge the present arrears by 31.10.2009, either in lump or in instalments as the petitioner desires. Coercive proceedings for recovery of further amounts from the petitioner shall be kept in abeyance W.P.(C).19371/2009 2 till 31.10.2009. I make it clear that the liability on the part of the petitioner, in terms of this judgment is in relation to the arrears of the loan amount which have fallen due already and which will fall due till 31.10.2009. Writ petition is disposed of as above. V.GIRI, Judge mrcs