Allowed

M.Naveenkumar v. State of Kerala and Others

Kerala HC23 Dec 2011WP(C)/35146/2011

Case brief

AI extract

What is this about?

In a writ petition regarding recovery of a defaulted loan, the court allowed the petitioner to pay the amount in 15 monthly instalments starting January 2012 on the condition of prompt payment, keeping coercive proceedings in abeyance during compliance.

What did the court decide?

Permission to pay defaulted loan in 15 equal monthly instalments starting 1.2.2012; coercive recovery proceedings kept in abeyance with payment compliance.

M.Naveenkumar Vs State of Kerala and Others — Banking and Recovery | 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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FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933

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WP(C).No. 35146 of 2011(P) --------------------------

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PETITIONER :

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M.NAVEEN KUMAR, AGED 34, S/O.MURALEEDHARAN, MAMBUZHA HOUSE, KARAYOOR, CHAVAKKAD TALUK, THRISSUR DISTRICT – 680 505.

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BY ADV. SRI.B.RAMACHANDRAN

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE SPECIAL DEPUTY TAHSILDAR (R.R-V), KERALA STATE FINANCIAL INDUSTRIES LTD., P.B.NO.510, CHEMBUKAVU, THRISSUR – 680 020.

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THE VILLAGE OFFICER, PARAKAM VILLAGE, CHAVAKKAD TALUK, KATTAPADY, THRISSUR – 680 505.

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ADV. SRI.BABU VARGHESE, SENIOR ADVOCATE FOR R2 SRI.JOHNSON T.JOHN, SC, KSFE LTD. FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35146 of 2011(P)

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A P P E N D I X

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF ATTACHMENT NOTICE DT.06.09.11 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2: TRUE COPY OF REPRESENTATION DATED 30.09.11 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE FINANCE MINISTER.

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EXT.P3: TRUE COPY OF POST CARD DATED 30.09.11 SENT FROM THE MINISTRY OF FINANCE, GOVERNMENT OF KERALA TO THE PETITIONER.

/TRUE COPY/

P.S TO JUDGE

S. Siri Jagan, J.

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W.P(C) No. 35146 of 2011

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Dated this, the 23^rd day of December, 2011.

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J U D G M E N T

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The petitioner is challenging proceedings under the Revenue Recovery Act initiated by the respondents for recovery of defaulted loan amounts. The petitioner does not dispute the liability or quantum. The petitioner only seeks a facility to pay the amounts in instalments. This is opposed by the counsel for the the respondents. However, taking a lenient view, I dispose of this writ petition with the following directions:

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The petitioner shall pay the amounts demanded in 15 equal monthly instalments starting from 1.2.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amounts on the due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying 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/

M.Naveenkumar v. State of Kerala and Others

Case brief

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M.Naveenkumar v. State of Kerala and Others

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