IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WA.No. 965 of 2009() -------------------- AGAINST THE ORDER IN WPC.10640/2009 Dated 08/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ SAJAYA KUMAR, SREE BUDHA COIR WORKS,* MAYITHARA MARKET P.O., CHERTHALAI. (* 'SREE BUDHA COIR WORKS' IS CORRECTED AS 'SREE DURGA COIR WORKS' AS PER THE JUDGMENT.) BY ADV. SRI.M.BALAGOVINDAN SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KUMARANASAN SMARAKA BUILDING, COURT ROAD, ALAPPUZHA. 3. THE TAHSILDAR (R.R.), K.F.C. ALEPPEY. ADV. SRI.S.SREEKUMAR, S.C., KFC. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, ALONG WITH WPC NO. 10640 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No.965 & W.P.(C) 10640 of 2009 ---------------------------------------------- Dated 2nd July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the writ petitioner. The appeal is filed against the interim order dated 8.4.2009 in the writ petition. As per the said conditional order, the learned Single Judge directed the petitioner to deposit of Rs.2 lakhs for the purpose of staying the recovery proceedings initiated by the Kerala Financial Corporation. According to the petitioner, the principal amount has already been paid as demanded by the Corporation under the One Time Settlement Scheme and what survives is only the interest. It is seen from Annexure I communication dated 20.10.2008 that the petitioner was offered settlement under the One Time Settlement Scheme on payment of Rs.3,55,000/- with interest. There is no dispute that the petitioner has paid Rs.3,55,000/-. But admittedly the interest has not been paid. The only reason stated by the writ petitioner is that the calculation regarding interest has not so far been communicated by the Corporation and the moment the same is communicated to the W.A. No.965 & W.P.(C) 10640 of 2009 2 petitioner, he will pay the interest also. In that view of the matter, we dispose of the writ petition and the writ appeal with a direction to the Kerala Financial Corporation to issue a communication to the petitioner and the counsel for the petitioner regarding the amount due from the petitioner by way of interest. This shall be done within one week from today. The petitioner shall thereafter pay the amount within another two weeks. (The cause title in these cases will stand corrected as follows : 'Sree Durga Coir Works' instead of 'Sree Budha Coir Works' since it is not in dispute that the correct address is 'Sree Durga Coir Works'). KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.A. No.965 & W.P.(C) 10640 of 2009 ---------------------------------------------- J U D G M E N T Dated 2nd July, 2009.