Disposed

C.R.Reghunathan v. K.S.F.E.

Kerala HC15 Oct 2012WP(C)/806/2007

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a sale notice issued by Karnataka State Financial Enterprises Limited for recovering dues. The court directed the second respondent to issue a statement of accounts within four weeks, after which the petitioner must pay the balance in six equal monthly instalments, deferring coercive action.

What did the court decide?

Second respondent to issue statement of accounts within four weeks; petitioner to pay balance dues in six equal monthly instalments starting 01.12.2012.

C.R.Reghunathan Vs K.S.F.E. — Execution and Attachment | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

¶4

MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934

¶5

WP(C).No. 806 of 2007 (U)

¶6

PETITIONER(S):

¶7

C.R.REGHUNATHAN, THANNICKAL THADATHIL, KEZHUVAMKULAM P.O., CHERPUNKAL, VIA - PALA, KOTTAYAM DISTRICT.

¶8

BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH

¶9

RESPONDENT(S):

¶10

1. KERALA STATE FINANCIAL ENTERPRISES LIMITED., REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, THRISSUR.

¶11

2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, AYARKUNNAM BRANCH, AYARKUNNAM, KOTTAYAM DISTRICT.

¶12

3. THE SPECIAL DEPUTY TAHSILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOTTAYAM.

¶13

R1,R2,R3 BY ADVS.SRI.S.D.ASOKAN

¶14

SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R1,R2,R3 SRI.BABU VARGHESE,SENIOR ADVOCATE R1,R2,R3 SRI.JOHNSON T.JOHN, SC, KSFE LTD. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD.

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

Kss

¶17

WPC.NO.806/2007 U

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:

¶20

P1:	COPY OF THE RECEIPTS ISSUED TO THE PETITIONER DATED 9/07/1998.
P2:	COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 29/12/2006.

¶21

RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

ANTONY DOMINIC,J

W.P.(C)No. 806 of 2007

¶27

Dated this the 15^th day of October, 2012

¶28

JUDGMENT

¶29

Petitioner has filed this writ petition challenging Ext.P2, notice issued by the third respondent for selling his property for realising Rs.5,43,320/- and other dues. The writ petition was admitted by this Court and by order dated 08.01.2007, stay was granted directing the petitioner to pay Rs.1,00,000/- on or before 15.02.2007 and Rs.40,000/- on or before 15.03.2007. Even according to the respondents, this condition has been complied with and as per the statement dated 09.10.2007, the balance liability was Rs.4,07,591/-. Respondents also say that after paying Rs.1,40,000/- as above, the petitioner has not made any payment.

¶30

When the case was taken up, counsel for the petitioner contended that the amount as quantified by the respondents is incorrect in as much as, they have not given credit to certain payments made by him. This grievance of the petitioner can be redressed, if the second respondent issues a statement of accounts to the petitioner. The second respondent shall issue

¶31

W.P.(C).No.806/2007

¶32

: 2 :

¶33

such a statement of accounts to the petitioner, within four weeks of receipt of a copy of this judgment.

¶34

On issuing the statement of accounts as above, the petitioner shall pay the balance amount due to the respondents in six equal monthly instalments. The first instalment shall be paid on or before 01.12.2012 and the subsequent instalments shall be paid on or before the 1^st of every succeeding month. Subject to payment as above, coercive action will be deferred and in case of default, the bank will be free to continue the recovery action already initiated.

¶35

Writ Petition is disposed of as above.

¶36

Sd/- ANTONY DOMINIC, JUDGE

¶37

C.R.Reghunathan v. K.S.F.E.

Case brief

What is this about?

What did the court decide?

C.R.Reghunathan v. K.S.F.E.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Das Associates (Hotel Dass Continental) Vs Shoeb Samad

Ganesh Babu E.K. Vs I.C.I.C.I Bank and Others

Gopinathan Nair Vs State of Kerala

Karthiyani T.K Vs Authorised Officer, State Bank of Travancore

Eramala Grama Panchayath Vs K.K. Asharaf

Jose T. Vs the Deputy Tahsildar (Revenue Recovery)