IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20744 of 2004(T) -------------------------- PETITIONER(S): --------------- K.SUNIL BABU, KANNATUTHODIYIL HOUSE, KADAKKAVOOR P.O. TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): 1 ---------------- 1. THE KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, TRIVANDRUM, REP. BY ITS DISTRICT MANAGER, TRIVANDRUM. 2. THE SPECIAL DEPUTY TAHSILDAR(R.R.) KERALA FINANCIAL CORPORATION, TRIVANDRUM. ADV. SRI.R.S.KALKURA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE GIFT DEED NO.9132/1998 DT.18.3.1988. P2: TRUE COPY OF DEMAND NOTICE ISSUED BY R1 DT.24.6.2003. P3: .DO. DT.26.4.2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.20744 of 2004 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT The petitioner purchased a vehicle with borrowed funds from KFC for operating as stage carriage. This court vide interim order dated 19.7.2004 directed payment of Rs.2 lakhs. Standing Counsel submitted that petitioner has not made payment. If petitioner has not made payment, then respondents could have proceeded with recovery. In any case since the W.P. is pending for the last 5 years, I direct the KFC to grant OTS benefit to the petitioner, if petitioner remits 10% of total arrears and accrued interest along with application for OTS. If petitioner makes an application as above within one month from now, then Corporation will grant incentives under OTS scheme and grant reasonable time for payment. If petitioner does not make application as above, respondents are free to proceed with recovery. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms