Disposed

Gopakumar B Nair v. the Kerala Transport Development Finance Corporation Ltd.

Kerala HC18 May 2016WP(C)/17551/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a demand notice. The petitioner offered to repay a vehicle loan with a grace period. The Court permitted repayment in twelve monthly instalments, resuming recovery proceedings only upon default.

What did the court decide?

Petitioner permitted to repay the balance outstanding in the loan account in 12 equal monthly instalments, commencing from 15.06.2016. Proceedings revived upon default.

Gopakumar B Nair Vs the Kerala Transport… — Contract and Commercial Disputes | Kerala HC (2016)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938

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WP(C).No. 17551 of 2016 (T)

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PETITIONER(S):

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GOPAKUMAR B NAIR, S/O. LATE BALAKRISHNAN NAIR, GBN SPACES, P.B.NO.5710, HOTEL SILVER SAND COMPLEX, THIRUVANANTHAPURAM, RESIDING AT TC 5/2560, GOLF LINKS ROAD, KOWDIAR, THIRUVANANTHAPURAM.

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BY ADVS.SRI.D.KISHORE

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SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT(S):

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1. THE KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD. REPRESENTED BY ITS MANAGER, 6TH FLOOR TRANSTOWERS (LEVEL-8), VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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2. THE BRANCH MANAGER, THE KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD. 6TH FLOOR TRANSTOWERS (LEVEL-8), VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), THIRUVANANTHAPURAM.

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4. THE VILLAGE OFFICER

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SANTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM-695 010.

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R1 & 2 BY ADV. SRI.SUNIL K.R.,SC R3 & 4 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17551 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: COPY OF THE PROCEEDINGS NO.KTDFC (RECOVERY) KTDFC/2/IT/4W/2004-05 DTD.28.9.2015 OF THE 2ND RESPONDENT.

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P2: COPY OF THE PROCEEDINGS NO.KTDFC (RECOVERY) KTDFC/2/IT/4W/2004-05 DTD.15.12.2015 OF THE 2ND RESPONDENT.

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P3: COPY OF THE DEMAND NOTICE DTD.3.3.2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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P3(A): TYPED COPY OF EXT.P3.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.B.SURESH KUMAR, J.

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- - - - Dated this the 18^th day of May, 2016

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JUDGMENT

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The petitioner availed a vehicle loan from the first respondent. Since the loan availed was not repaid in accordance with the terms of the agreement, proceedings under the Revenue Recovery Act were initiated against him at the instance of the first respondent. Ext.P3 is the notice issued to the petitioner under the Revenue Recovery Act. Ext.P3 notice is under challenge in this writ petition.

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When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is prepared to pay the loan outstanding, if he is given a reasonable time for the same.

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Heard the learned counsel for the petitioner as also the learned counsel for the first and second

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W.P.(c).No.17551 of 2016 : 2 :

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respondents.

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Having regard to the facts and circumstances of the case, I deem it appropriate to permit the petitioner to repay the balance outstanding in the loan account in twelve equal monthly instalments.

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In the result, the writ petition is disposed of permitting the petitioner to pay the balance outstanding in the loan account in 12 equal monthly instalments, commencing from 15.06.2016. Needless to say, if the petitioner commits default in payment of any one of the instalments, the proceedings initiated against him can be revived.

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Sd/- P.B.SURESH KUMAR JUDGE

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sm/

Gopakumar B Nair v. the Kerala Transport Development Finance Corporation Ltd.

Case brief

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Gopakumar B Nair v. the Kerala Transport Development Finance Corporation Ltd.

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