Disposed

M/S. Mountain Air Flying Academy v. State of Kerala

Kerala HC6 Sept 2012WP(C)/7772/2011

Case brief

AI extract

What is this about?

High Court disposed of a writ petition by the flying academy challenging recovery proceedings. After the corporation revived the One Time Settlement Scheme and offered to settle the liability upon payment of a reduced balance, the Court directed the petitioners to pay the outstanding amount to settle the matter.

What did the court decide?

Writ petition disposed of; direction given to pay outstanding amount to settle liability.

M/S. Mountain Air Flying Academy Vs State of… — Contract and Commercial Disputes | Kerala HC (2012)

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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 ANTONY DOMINIC

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THURSDAY, THE 6TH DAY OF SEPTEMBER 2012/15TH BHADRA 1934

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WP(C).No. 7772 of 2011 (V)

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PETITIONER(S):

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M/S.MOUNTAIN AIR FLYING ACADEMY, CHAKKARAPADAVU, KANNUR, A PARTNERSHIP FIRM REPRESENTED BY MANAGING PARTNER, C.J.JOSEPH AGED 54, S/O.JOSEPH, CHAVANJALIL HOUSE REROM P.O., ALAKODE DESOM, ALAKODE VILLAGE THALIPARAMBA TALUK, KAN

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SMT.BENCY MARTIN, W/O.MARTIN SEBASTIAN, AGED 33, CITADEL HOUSE, C NAGAR NADATHARA DESOM, THRISSUR.

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BY ADVS.SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY

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RESPONDENT(S):

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STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT TRIVANDRUM-695001.

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KERALA FINANCIAL CORPORATION, REP.BY MANAGING DIRECTOR, TRIVANDRUM-695001.

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THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KANNUR BRANCH PIN 670001.

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THE DEPUTY TAHSILDAR,(R.R), KERALA FINANCIAL CORPORATION, SMART CENTRE, KOKKALA THRISSUR- 670003.

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BY ADV. SRI.K.JAJU BABU,SC,KERALA FINANCIAL COR BY GOVERNMENT PLEADER P.A.REZIYA BY SC SRI.R.S.KALKURA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).7772/11

APPENDIX

EXHIBITS

P1A TRUE PHOTOSTAT COPY OF THE CERTIFICATE DATED 30.11.10 OF THE 5TH RESPONDENT

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P2A TRUE PHOTOSTAT COPY OF THE NOTICE FOR SALE DATED 14.2.11

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P3A TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 8.3.11 SUBMITTED BEFORE THE 2ND RESPONDENT

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/true copy/ PA To Judge

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ANTONY DOMINIC, J

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W.P.(C).7772/2011

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.............................................. Dated this the 6^th day of September, 2012

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JUDGMENT

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Petitioners are defaulters to the 2^nd respondent Corporation. When recovery proceedings were initiated, they applied for the benefit of One Time Settlement Scheme. That was granted subject to the petitioners paying Rs.63 Lakhs. However, that amount was not paid in time. Therefore, on the request of the petitioners, KFC issued Ext.P1, agreeing to consider revival of the settlement offered subject to the petitioners paying interest for the belated payment. The petitioners did not pay the amount and therefore, Exts.P2 and P3 notices were issued calling upon them to pay the original amounts. It was at that stage, this writ petition was filed seeking a direction to the first respondent to revive the OTS benefit already offered.

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Learned counsel for the Corporation now submits that subsequent to the filing of the writ petition, the request of the petitioners for revival of the OTS Scheme

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W.P.(C).7772/11

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was favourably considered and the OTS benefit was revived by order dated 12.6.2012 and that out of the interest for belated payment, what remains unpaid now is only Rs.10.85 Lakhs. It is also submitted that if the petitioners pay this amount, the liability would be settled. At this stage the learned counsel for the petitioners submits that the outstanding amount of Rs.10.85 Lakhs will be paid within one month.

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Now that such an offer has been made and in the light of what has been submitted by the counsel for the Corporation, I direct that if the petitioners pay the aforesaid amount less what has been remitted by them in the purported compliance of the interim order dated 11.3.2011 the liability in question will be settled.

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Writ petition is disposed of.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

M/S. Mountain Air Flying Academy v. State of Kerala

Case brief

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M/S. Mountain Air Flying Academy v. State of Kerala

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