The High Court of Kerala at Ernakulam dismissed an original petition filed by The Indian Overseas Bank. The court held that the matter was covered by the decision in Sherry Jacob v. Canara Bank, which affirmed the State's first charge over the property under Section 26 B of the K.G.S.T. Act.
The original petition stood dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
MONDAY, THE 1ST JANUARY 2007 / 11TH PAUSHA 1928 OP.No. 7425 of 2001(H) ----------------------
PETITIONER: ----------THE INDIAN OVERSEAS BANK, KOLLAM BRACH, REPRESENTED BY ITS MANAGER SRI P.T.BABY JOHN, INDIAN OVERSEAS BANK, KOLLAM.
BY ADV. SRI.P.B.SURESH KUMAR(QUILON)
RESPONDENTS:
-----------1. STATE OF KERALA, REPRESENTRED BY THE CHIEF SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM.
R4 & R5 BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON R1 TO R3 BY GOVERNMENT PLEADER SRI SOJAN JAMES.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP.NO.12171/2001 IN OP.NO.7425/2001
DISMISSED
1/1/2007 Sd/-P.R.RAMAN, JUDGE.
APPENDIX
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE RELEVANT PAGE OF THE TITLE DEED REGISTER OF THE PETITIONER BANK EVIDENCING DEPOSIT OF TITLE DEEDS PERTAINING TO THE SAID PROPERTY BY THE FOURTH RESPONDENT DTD. 18/3/1977. EXT.P2 TRUE COPY OF THE DECREE IN O.S.NO.124/87 OF THE SUB COURT, KOLLAM DTD. 31/10/96. EXT.P3 TRUE COPY OF THE ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM, IN O.A.NO.1394/1998 DTD. 25/4/2000. EXT.P4 TRUE COPY OF THE CLAIM PETITION SENT BY THE PETITIONER T O THE 3RD RESPONDENT DTD. 26/2/2001. EXT.P5 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE FOURTH RESPONDENT BEARING KLNO.D31914/1988 DTD. 13/2/2001.
P.R.RAMAN, J.
O.P.NO.7425 OF 2001
Dated this the 1st day of January, 2007
JUDGMENT
The issue arises for consideration in this
original petition is now squarely covered by
the decision of this Court in Sherry Jacob v.
Canara Bank (2004 (3) KLT 1089) in favour of
the State. It has been held in the said decision that the State has a first charge over the property by virtue of Section 26 B of the K.G.S.T. Act.
Accordingly this original petition stands dismissed.
P.R.RAMAN, JUDGE.
kcv.
-:2:-
LAA.NO.
P.R.RAMAN, J.
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O.P.NO.7425 OF 2001
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JUDGMENT
1st January, 2007
2 issues framed by the court
Whether the original petition stands dismissed given the State's first charge over the property.
Whether Section 26 B of the K.G.S.T. Act grants the State priority over the petitioner's claim.
Colour shows how this judgement treated each authority
Sherry Jacob v. Canara BankFollowed¶27
Sherry Jacob v. Canara Bank (2004 (3) KLT 1089)
1 provisions across 1 enactments
The Indian Overseas Bank, Kollam Branch
State of Kerala
The District Collector, Kollam
The Tahsildar (Revenue Recovery), Kollam
S. Radhakrishnan Nair
M/S.S.R. Cashews (Pvt.) Limited
P.R. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
