IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 W.P(C).No. 1558 of 2008(I) -------------------------------- PETITIONER: -------------- JOSE P.M., S/O.MARCOS, PUTHOORAN HOUSE, MULLARIKUDY P.O., PARATHODU, IDUKKI DISTRICT. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS: ----------------- 1. MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, KATTAPPANA. BY ADV. SRI.V.B. UNNI RAJ, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 1558 OF 2008 I = = = = = = = = = = = = = = = = Dated this the 14th January, 2008 J U D G M E N T The prayer sought for in this writ petition is to quash Ext. P2 and to direct the 2nd respondent to dispose of Ext. P3. Petitioner submits that he had availed of certain loans from the respondents and that according to him in 2005 though the liability has been indicated to be Rs.8,96,506/-, in 2007 when Ext. P2 was issued, the liability has been indicated as more than about Rs.19 lakhs. Petitioner thereafter submitted Ext. P3 representation pleading for waiver of interest and time for payment of the actual dues. The complaint that is raised before me when the writ petition was heard was mainly regarding the difference in the amounts indicated in Exts. P1 and P2. It is also contended that the K.F.C. Has not given credit to the amounts that have been paid by the petitioner even after the building was taken over in 2002. This certainly is a matter for the K.F.C. to consider and the petitioner has already submitted Ext. P3 representation before the 2nd respondent. WPC No. 1558/08 - 2 - 2. In the circumstances, I direct that the 2nd respondent shall take up Ext. P3 and consider the same. In view of the complaint of the petitioner that credit has not been given to the remittances that have been made, I also direct that the 2nd respondent shall furnish to the petitioner a latest statement of accounts showing the actual dues. On receipt of such statement of accounts, if the petitioner has any objection to the quantification of the liability, it will be open to him to raise such dispute before the 2nd respondent, in which case, the 2nd respondent shall quantify the actual dues with notice to the petitioner. The statement of accounts as above shall be furnished to the petitioner within three weeks of production of a copy of this judgment and it will be open to the petitioner to raise his objection within three weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-