Allowed

E.R.Sabu v. Kerala State Financial Enterprises Ltd.

Kerala HC3 Oct 2011WP(C)/10241/2010

Case brief

AI extract

What is this about?

A writ petition by a guarantor seeking an opportunity to pay loan dues in instalments is allowed. The court directs respondents to permit payment in 10 monthly instalments, keeping recovery proceedings in abeyance pending default-free payments.

What did the court decide?

Direction to respondents to permit petitioner to pay amounts due in 10 equal monthly instalments starting 1.11.2011, keeping proceedings in abeyance pending default-free payment.

E.R.Sabu Vs Kerala State Financial Enterprises Ltd. — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933

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WP(C).No. 10241 of 2010(E)

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PETITIONER:

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E.R. SABU, S/O RAGHAVAN, AGED 45, EKKAMMAL HOUSE, MYLAMBADI P.O., PURAKKADI VILLAGE, BATHERY TALUK, WAYANAD.

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BY ADV. SRI.MATHEW KURIAKOSE

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RESPONDENTS:

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1. KERALA STATE FINANCIAL ENTERPRISES LTD.

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`BHADRATHA', P.B.NO.510, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR.

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2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., BRANCH SULTHAN BATHERI, WAYANAD DISTRICT.

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3. THE SPECIAL TAHSILDAR (REVENUE RECOVERY)

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THE KERALA STATE FINANCIAL ENTERPRISES KALLAI ROAD, KOZHIKODE.

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R1 TO R3 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSFE LTD.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BKA

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...2

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WP(C).No. 10241 of 2010(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: COPY OF THE NOTICE DATED 05.02.2010 ISSUED BY THE 3RD RESPONDENT U/S 49(2) (FORM NO: 16) OF THE KERALA REVENUE RECOVERY ACT

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

BKA

S. Siri Jagan, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=

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W.P(C) No. 10241 of 2010

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=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3^rd day of October, 2011.

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J U D G M E N T

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The petitioner was a guarantor for certain amounts due under a loan from his father-in-law to the 1^st respondent. revenue recovery proceedings are now initiated for recovery of those amounts. The petitioner now submits that the petitioner may be given an opportunity to pay the amounts due in instalments. This is opposed by the counsel for respondents 1 and 2.

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However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the amounts due in 10 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalment amounts on due dates without default, proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard.

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Sd/- S. Siri Jagan, Judge.

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Tds/

E.R.Sabu v. Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

E.R.Sabu v. Kerala State Financial Enterprises Ltd.

Case brief

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