Disposed

Syamala P.K. v. Kerala Financial Corporation

Kerala HC6 Feb 2013WP(C)/2528/2013

Case brief

AI extract

What is this about?

This judgment concerns a writ petition filed by a defaulter seeking the benefit of a One Time Settlement scheme under the Kerala Financial Corporation loan. The court dismissed the request for the specific scheme as not currently in force but allowed further proceedings, directing the petitioner to apply for available concessions and staying recovery actions pending such application.

What did the court decide?

Directed petitioner to make application for concessions within 10 days; directed respondents to consider application and expedite orders; stayed further proceedings under Ex.P2.

Syamala P.K. Vs Kerala Financial Corporation — Banking and Recovery | Kerala HC (2013)

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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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WEDNESDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934

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WP(C).No. 2528 of 2013 (M)

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

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PETITIONER(S):

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SYAMALA P.K., W/O.G.MANIYAN ETTIVILAYIL HOUSE, MANGARAM KONNI P.O. PATHANAMTHITTA.

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BY ADVS.SRI.T.K.BIJU (MANJINIKARA) SMT.ANNIE M.ABRAHAM

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RESPONDENT(S):

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1. KERALA FINANCIAL CORPORATION REP. BY ITS BRANCH MANAGER, PAZHAMANNIL JESSY TOWERS COLLEGE ROAD PATHANAMTHITTA-689 645

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2. DEPUTY TAHASILDHAR (REVENUE RECOVERY) KERALA FINANCIAL CORPORATION, PATHANAMTHITTA-689 645

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R1,R2 BY ADV. SRI.T.V.GEORGE, SC, KFC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.2528/2013

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1:- COPY OF THE NOTICE DT.23-10-2009 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT-P2:-E COPY OF THE SALE NOTICE DT.27-12-2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

P.S. TO JUDGE

tss

ANTONY DOMINIC, J.

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W.P(C).No.2528 of 2013

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------------------------------------------Dated this the 6^th day of February, 2013

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JUDGMENT

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1.Heard the counsel for the petitioner and standing counsel for the first respondent.

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2.Petitioner says that in 1996, for the purchase of equipments for her bakery, she availed of a loan of Rs.3,75,000/- under the NYF scheme. It appears that default was committed and now, by Ex.P2, revenue recovery proceedings are initiated against her. The liability due is indicated to be Rs.24,68,892/-. It is on receipt of Ext.P2 notice, the petitioner has filed this writ petition, seeking mainly a direction to the respondents to allow her the benefit of One Time Settlement scheme. However, counsel for the Kerala Financial Corporation, on instructions, submits that as at present, the Corporation does not have One Time Settlement scheme in force. In spite of it, it is also said that if the petitioner approaches the Corporation, her case can be considered for giving concessions.

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WPC.2528/13

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3.Admittedly, the petitioner is a defaulter and therefore, she cannot avoid the liability. Now that the Corporation is also willing to consider the case of the petitioner for concessions and it is for her to approach the Corporation for such purpose.

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4.Therefore, I dispose of this writ petition directing that within 10 days from now, the petitioner shall make appropriate application before the first respondent requesting for giving her concessions that are admissible. If such application is received, the first respondent shall consider the same and pass orders thereon. This shall be done as expeditiously a possible.

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5.It is also directed that in the mean while, further proceedings pursuant to Ex.P2 will be kept in abeyance. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance.

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The writ petition is disposed of as above.

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Sd/ANTONY DOMINIC Judge

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kkb.6/2.

Syamala P.K. v. Kerala Financial Corporation

Case brief

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Syamala P.K. v. Kerala Financial Corporation

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