Allowed

Gurudev Rice and Agro Products Private Limited v. the State of Kerala

Kerala HC1 Nov 2016WP(C)/22828/2015

Case brief

AI extract

What is this about?

In this writ petition, the petitioner-supplier complained that creditors were initiating coercive recovery proceedings. The Court, accepting the petitioner's financial distress, did not adjudicate the quantum dispute but directed the respondent to make an immediate partial payment and settle the liability by a specified date.

What did the court decide?

The 2nd respondent was directed to pay ₹50,00,000/- within one week and settle the total liability on or before 31.12.2016.

Gurudev Rice and Agro Products Private Limited Vs the… — Consumer Protection | 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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938

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WP(C).No. 22828 of 2015 (C)

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PETITIONER(S):

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1. GURUDEV RICE AND AGRO PRODUCTS PRIVATE LIMITED, SOUTH VELLARAPPALLY P.O., SREEMOOLANAGARAM, KALADY, ERNAKULAM-683 580, REPRESENTED BY ITS MANAGING DIRECTOR,

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M.V.ULLAS, MATHOLIL HOUSE, OKKAL, ERNAKULAM DISTRICT.

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2. M.V.ULLAS, AGED 45, S/O.M.A.VASAVAN, MATHOLIL HOUSE, OKKAL, ERNAKULAM DISTRICT-683 580.

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BY ADVS.SRI.C.P.UDAYABHANU SRI.R.MANOJ

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, STATE SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE 'CONSUMER FED', REPRESENTED BY ITS MANAGING DIRECTOR, REGIONAL OFFICE, ERNAKULAM.

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R1 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN R2 BY ADVS. SRI.K.T.PAULOSE, SC, CONSUMERFED

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SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 22828 of 2015 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1	: TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE AMOUNTS DUE TO THE PETITIONERS.
EXT.P2	: TRUE COPY OF THE STATEMENT OF ACCOUNT OF FEDERAL BANK, ALUVA DT.1-7-2015.
EXT.P3	: TRUE COPY OF THE PROVISIONAL STATEMENT OF ACCOUNTS ISSUED BY THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P4	: TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED TO THE PETITIONER FROM THE KERALA FINANCIAL CORPORATION IN RESPECT OF LOAN ACCOUNT NO.160278091.
EXT.P5	: TRUE COPY OF THE STATEMENT OF ACCOUNTS OF KERALA FINANCIAL CORPORATION IN RESPECT OF LOAN NO.160278030 DT.16-7-2015.
EXT.P6	: TRUE COPY OF THE PROVISIONAL STATEMENT OF ACCOUNTS OF THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P7	: TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P8	: TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P9	: TRUE COPY OF THE ACCOUNTS OF THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P10	: TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE KERALA FINANCIAL CORPORATION DT.16-7-2015.
EXT.P11	: TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE AMOUNTS.
EXT.P12	: TRUE COPY OF THE REPRESENTATION DTD.12.4.2016.
EXT.P13	: TRUE COPY OF THE COMMUNICATION ISSUED TO ME BY THE MANAGING DIRECTOR OF THE KERALA STATE CONSUMER FEDERATION.

Msv/

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WP(C).No. 22828 of 2015 (C)

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EXT.P14 : TRUE COPY OF THE REQUEST SUBMITTED BY THE MANAGER, CONSUMERFED TO THE SPECIAL SECRETARY, DEPARTMENT OF CO-OPERATION DTD.28.4.2016.

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EXT.P15 : TRUE COPY OF THE COMMUNICATION ISSUED TO ME BY THE MANAGING DIRECTOR OF THE KERALA STATE CONSUMER FEDERATION.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No.22828 of 2015

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Dated this the 1^st day of October, 2016

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J U D G M E N T

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The petitioner is the supplier of the 2^nd respondent. According to the petitioner a sum of 16,00,70,279 is due from₹ the respondent. According to the respondent the amount due to the petitioner is less than the amount claimed by the petitioner. I am not entering into the dispute regarding quantum of amount. Learned counsel for the petitioner submits that the creditors to whom the petitioner owes the money (banks) are taking steps to recover the amount from the petitioner by resorting to coercive proceedings. With regard to the financial situation of the petitioner, this Court is of the view that this writ petition can be disposed of with following directions:

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The 2^nd respondent shall make payment of ₹50,00,000/- within one week from today. 2) The 2^nd respondent shall settle the liability to the petitioner on or before 31.12.2016.

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Sd/-

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(A.MUHAMED MUSTAQUE, JUDGE)

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TRUE COPY

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P.A TO JUDGE

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Gurudev Rice and Agro Products Private Limited v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Gurudev Rice and Agro Products Private Limited v. the State of Kerala

Case brief

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What did the court decide?

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