Repayment of loans must be adequately addressed by borrowers, and financial institutions must consider borrowers' representations within statutory frameworks.

J U D G M E N T

This writ petition is filed by the petitioner seeking the following reliefs:

a) call for the records leading to Exhibits P3, P6 and P8 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

b) Issue a writ of mandamus or any appropriate writ, order or direction directing the 1st respondent to submit the Report of DYSP, KFC (Vigilance) a directed in Exhibit P7 Award and stated in Exhibit P9 communication after conducting a proper enquiry and c) Issue such other or further orders as this Honourable Court may deem just and fit in the circumstances of the case.

2. It is evident, petitioner has availed a loan from the Kerala Financial Corporation. Repayment was defaulted. However, petitioner approached the Legal Service Authority by filing DLSA No.761/2017. An order is passed in the same on agreement dated 28.8.2017. Petitioner in this writ petition is raising non-compliance of the conditions incorporated thereunder.

3. However, today when the matter is taken up, learned counsel for petitioner submitted that, petitioner is prepared to submit a representation before the Corporation and the situation would suffice, if the Corporation is considering the said representation taking an appropriate decision. Even though a detained counter affidavit and reply is filed, I do not propose to go through the same in view of the limited nature of order I propose to pass.

4. Having heard learned counsel for petitioner and learned Standing Counsel for the Corporation and taking into account the outstanding amount of Rs.1,13,00,000/-, petitioner is directed to pay an amount of Rs.10,00,000/- (Rupees Ten lakhs only) within one month from the date of receipt of a copy of this judgment. If petitioner makes any representation along with the amount directed to be paid, same shall be considered by the Corporation in accordance with law at the earliest possible time. Learned counsel for petitioner has also projected a case that, petitioner is entitled to get subsidy margin money. However, learned Standing Counsel submitted that, the same could not be considered since petitioner has not produced the original of the invoice. If the petitioner produces the original of the invoice, the said issue also will be sorted out by the respondent Corporation in accordance with law. However, I make it clear that, if the petitioner is not making the payment as is directed and complying with the other directions issued, the respondent Corporation will be at liberty to proceed in accordance with law and recover the amounts in lump. In order to facilitate the compliance of the direction, coercive action, if any, contemplated will be kept in abeyance till such period the directives are complied with.

Writ petition is disposed of accordingly.