IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 29891 of 2010(J) -------------------------- PETITIONER(S): --------------- T.ANIL KUMAR, PRESIDENT, M/S.SOLAR INDUSTRIES CHARITABLE SOCIETY, REGISTER NO.Q-607/93, KOTTAMKARA, T.K.M.C.P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): --------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, GRAMA SOWBHAGYA, VANCHIYOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, GRAMA SOWBHAGYA, VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KOLLAM. BY SC SRI. K.P. HANISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29891 OF 2010(J) -------------------------------------------------- Dated this the 29th day of September, 2010 J U D G M E N T Petitioner submits that a Charitable Society of which he is the President, had availed of loans from respondents 1 to 3. It is stated that the loan was availed of for setting up a furniture unit. Though the unit was set up, on account of the loss incurred the unit was closed down. Default was committed. Demands for payment issued by the respondents lead the petitioner to file this writ Petition. 2. Although the petitioner has also sought the benefit of One Time Settlement Scheme, counsel for the petitioner submits that the same has been rejected. At this stage, the counsel for the petitioner confines his prayer for an instalment facility to discharge the liability. 3. I heard the Standing Counsel appearing for the respondents. According to the standing counsel the liability being admitted, the respondents are justified in initiating recovery steps. WPC.No. 29891/2010 :2 : 4. Although the respondents cannot be faulted for the demand now raised, having regard to the fact that only an instalment facility is sought for, I feel it is only appropriate that the petitioner should be enabled to discharge the liability and thus to avoid coercive action. Therefore, the writ Petition is disposed of directing that the petitioner will be permitted to pay the amount demanded in six equal monthly instalments, first of which shall be paid on or before 20th October, 2010 and the remaining instalments will be paid on or before 20th of every succeeding month. If default is committed respondents are free to proceed with the recovery proceedings. (ANTONY DOMINIC) JUDGE vi/