The High Court of Kerala quashed revenue recovery notices issued against the petitioner after recording a submission from the bank's counsel that the entire due amount had been paid by the borrower, leading to the withdrawal of recovery proceedings.
Quashing of Exhibits P4 and P5 expense recovery notices served on the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937
WP(C).No. 1095 of 2016 (j)
PETITIONER:
SUKUMARAN M G, AGED 68 YEARS, S/O.GOPALAN (LATE), MALAYIL, OLARIKKARE, PULLAZHI P.O- 680 012, THRISSUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL
RESPONDENT(S):
1. WIN PLAST POLYMERS PRIVATE LIMITED, VIII/98, TEMPLE ROAD, ATTOOR P.O, MULLURKKARA -680 583, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR.
2. CHACKO, VADAKKETHALA PINDANI HOUSE,
3. BIJOY CHIRIYANKANDATH DEVASSY, CHIRIYANKANDATH HOUSE, MUNDATHIKODE, THRISSUR - 686 623, CHAIRMAN, WIN PLAST POLYMERS PRIVATE LIMITED, VIII/98, TEMPLE ROAD, ATTOOR P.O, MULLURKKARA, THRISSUR DISTRICT.
4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), OFFICE OF THE DEPUTY TAHSILDAR (RR), THRISSUR - 680 020.
5. THE VILLAGE OFFICER, PULLAZHI VILLAGE, THRISSUR DISTRICT- 680 012.
6. CANARA BANK, ATHANI M.S.M.E BRANCH,
R4 & R5 BY GOVERNMENT PLEADER SRI.R.RANJITH R6 BY SRI.PAULY MATHEW MURICKEN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 1095 of 2016 (j)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1. A TRUE COPY OF THE CERTIFICATE OF INCORPORATION BY THE REGISTRAR OF COMPANIES.
EXHIBIT P2. A TRUE COPY OF THE NOTICE DATED 3.10.15.
EXHIBIT P3. TRUE COPY OF THE LIST OF DIRECTORS AS ON 30.9.14 OF THE FIRST RESPONDENT COMPANY.
EXT. P3(A). TRUE COPY OF THE LIST OF SHARE HOLDERS AS ON 30.9.14 OF THE FIRST RESPONDENT COMPANY.
EXHIBIT P4. A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 21.12.15 WHICH WAS SERVED ON THE PETITIONER ON 30.12.15.
EXHIBIT P5. A TRUE COPY OF THE NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
.............................................................
W.P.(C).No.1095 Of 2016
............................................................. Dated this the 10th day of February, 2016
J U D G M E N T
It is submitted by the learned counsel for the 6th respondent bank that the entire amount due to the said bank has been paid by the 1st respondent borrower, and that, the bank has taken steps to withdraw the revenue recovery proceedings initiated against the petitioner. The said submission of counsel for the 6th respondent bank is recorded and the writ petition closed by quashing Exts.P4 and P5 revenue recovery notices in relation to the petitioner.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/10.02.16
3 issues framed by the court
Whether the writ petition regarding revenue recovery notices should be allowed given that the debt has been paid?
Can the revenue recovery proceedings be withdrawn against the petitioner if the borrower has repaid the bank?
Should the revenue recovery notices be quashed in light of the payment made by the borrower?
SUKUMARAN M G
WIN PLAST POLYMERS PRIVATE LIMITED
CHACKO
BIJOY CHIRIYANKANDATH DEVASSY
THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
THE VILLAGE OFFICER
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
