IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2597 of 2009(H) ------------------------- PETITIONER(S): --------------- BIJU THOMAS, AGED 36 YEARS, S/O.THOMAS, HOUSE NO.175, AKG NAGAR, PEROORKADA-695005, THIRUVANANTHAPURAM. BY ADV. SMT.M.SINDHU THANKAM SMT.O.H.NAZEEBA RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION REP. BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. 2. DISTRICT MANAGER, KFC, KATTAPPANA. 3. DEPUTY TAHSILDAR REVENUE RECOVERY KERALA FINANCIAL CORPORATION, KOTTAYAM. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 2597 OF 2009 H ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2009 J U D G M E N T I heard learned counsel for the petitioner, learned standing counsel for KFC and learned Government Pleader. 2. Petitioner availed a loan and not repaid it. Now, the petitioner is faced with sale proceedings vide Ext.P6. It is pointed out that OTS granted was cancelled and the petitioner has sought for permission to pay it in instalments. Learned standing counsel points out that if the petitioner is prepared to remit some amount and also pay the interest for belated payment, petitioner can be given the benefit of revival of OTS. The petitioner is agreeable. 3. In such circumstances, if the petitioner pays a sum of Rs.1 lakh before the time of sale, Ext.P6 proceedings will be kept in abeyance and a decision will be taken on Ext.P5 treating it as an application for revival of OTS and the amounts to be paid will be intimated to the petitioner on or before 15.2.2009. The petitioner will be given time till 31.3.2009 to pay the balance amount. The petitioner will also have to pay the collection charges WPC.2597/09 : 2 : and the interest on the belated payment. Needless to say, if the petitioner does not pay the sum of Rs.1 lakh before the time of sale, the petitioner will lose the benefit of this judgment. Of course, if the petitioner does not pay the balance amount also by 31.3.2009, it will be open to the respondents to proceed against the petitioner in accordance with law. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks