Disposed

A.v.Subramanian v. State of Kerala and Others

Kerala HC4 Oct 2011WP(C)/2863/2010

Case brief

AI extract

What is this about?

Petitioner, a guarantor, filed a writ petition seeking direction to the debtor and the Karnataka Transport Development Finance Corporation. The Court, pending substantive disposal, directed the corporation to consider the petitioner's request for exoneration expeditiously and stayed coercive recovery proceedings.

What did the court decide?

Direction to 4th respondent to consider Ext.P6 within one month; coercive recovery proceedings stayed pending such consideration.

A.v.Subramanian Vs State of Kerala and Others — Contract and Commercial Disputes | 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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TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933

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WP(C).No. 2863 of 2010(G)

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-------------------------------------

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PETITIONER:

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-------------------

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A.V.SUBRAMANIAN, ARAKKAPARAMBIL HOUSE, VALLARPADAM.P.O., ERNAKULAM DISTRICT.

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BY ADVS. SRI.M.M.SAIDU MUHAMMED, SMT.REENA MATHEW (THEVALAKKATTU).

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RESPONDENTS:

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------------------------

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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, KAKKANAD, ERNAKULAM.

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3. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM COCHIN-11.

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4. KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., 4TH FLOOR, G.C.D.A. COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN-31, REPRESENTED BY THE ASSISTANT MANAGER, (BRANCH) ERNAKULAM.

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5. SMT. TREESA ANTONY, PALLAMPALLY HOUSE, THOPPUMPADY.P.O., THOPPUMPADY, ERNAKULAM.

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*ADDITIONAL R6 IMPLEADED:

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6. SRI.SHIYAS, THURUTHYPALLY VEEDU, PANAVALLY, CHERTHALA, ALLEPPEY DISTRICT.

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(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 18.03.2010 IN I.A.3685/2010.

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**ADDITIONAL R7 IMPLEADED:

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7.TAHSILDAR, CHERTHALA TALUK OFFICE, CHERTHALA.

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(ADDL.R7 IS IMPLEADED AS PER ORDER DATED 13.08.2010 IN I.A.NO.11042/2010)

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W.P.(C).NO.2863/2010-G:

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***ADDITIONAL RESPONDENTS 8 & 9 IMPLEADED:

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8. SENIOR SUPERINTENDENT, KERALA WATER TRANSPORT DEPARTMENT, MEGHALA OFFICE, BOAT JETTY, ERNAKULAM, COCHIN - 11.

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9. DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA.

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(ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DATED 05.09.2011 IN I.A.NO.14747/2011).

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****ADDITIONAL RESPONDENTS 10 & 11 IMPLEADED:

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10. K.K. JAYACHANDRAN, PADATH HOUSE, NAYARAMBALAM NEDUNGAD.P.O., ERNAKULAM, PIN - 682 509.

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11. V.K. BABU, VATTAKATUKARA HOUSE, NARAKKAL, PRESENTLY RESIDING AT C/O. MEENAKSHI KESAVAN, KALATHITHARA HOUSE, VALAPPU, MALIPPURAM.P.O, ERNAKULAM, PIN - 682 511.

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(ADDITIONAL RESPONDENTS 10 & 11 ARE IMPLEADED AS PER DATED 04/10/2011 IN I.A. NO. 15067/2011).

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R1 TO R3 & ADDL.R7 TO R9 GOVERNMENT PLEADER SRI. BEJOY CHANDRAN, R4 BY SRI.K.R.B.KAIMAL, SENIOR ADVOCATE, ADV. SRI.B.UNNIKRISHNA KAIMAL, R6 BY ADV. SRI.K.M.VARGHESE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.2863/2010-G:

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P.1: COPY OF THE NOTICE DTD. 22/07/09 ISSUED BY THE R.4. TO THE PETITIONER. EXT.P.2: COPY OF THE REPLY NOTICE DTD. 06/08/09 ISSUED TO THE R.4. BY THE PETITIONER.

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EXT.P.3: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE ACCEPTANCE OF THE REPLY NOTICE BY THE RESPONDENT DTD. 18/08/09.

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EXT.P.4: COPY OF THE DEMAND NOTICE DTD. 16/12/09 ISSUED BY THE R.3. TO THE PETITIONER.

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EXT.P.5: COPY OF THE NOTICE DTD. NIL. ALONG WITH EXT.P.4.

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EXT.P.6: COPY OF THE REQUEST DTD. 15/09/2011 MADE BY THE PETITIONER FOR EXONERATION UNDER ONE TIME SETTLEMENT SUBMITTED TO THE R.4. BY HAND ON 15/09/2011.

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RESPONDENT'S EXHIBITS:-

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EXT.R4.A: COPY OF THE HYPOTHECATION AGREEMENT DTD. 10/12/2002.

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EXT.R4.B: COPY OF THE GUARANTEE AGREEMENT DTD. 10/12/2002.

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EXT.R4.C: COPY OF THE EMPLOYMENT CERTIFICATE CUM UNDERTAKING EXECUTED BY THE PETITIONER.

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EXT.R4.D: COPY OF THE STATEMENT OF ACCOUNTS REGARDING THE DETAILS OF LOAN AMOUNT AND RECOVERIES MADE FROM THE SALARY OF THE PETITIONER.

//TRUE COPY//

P.A. TO JUDGE

Prv.

S.SIRI JAGAN, J.

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W.P.(C).No. 2863 of 2010

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==================

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Dated this the 4^th day of October, 2011 J U D G M E N T

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The petitioner is a guarantor for certain amounts due from the 5^th respondent to the 4^th respondent. The petitioner now submits that this writ petition itself may be disposed of with a direction to the 4^th respondent to consider and pass orders on Ext.P6 expeditiously.

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Having heard the learned counsel for the 4^th respondent as well as the learned Government Pleader, I dispose of this writ petition with a direction to the 4^th respondent to consider and pass orders on Ext.P6, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are pass as directed above, further coercive proceedings for recovery of the amount shall be kept in abeyance.

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Interlocutory applications stand closed.

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sdk+

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Sd/S.SIRI JAGAN, JUDGE

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///True copy///

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P.A. to Judge

A.v.Subramanian v. State of Kerala and Others

Case brief

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A.v.Subramanian v. State of Kerala and Others

Case brief

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