Disposed

Rajan M v. Vs Special Deputy Tahsildar(Rr), Ksfe Limited

Kerala HC15 Nov 2017WP(C)/35499/2017

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging recovery proceedings for a defaulted chitty transaction. It granted six monthly instalments to clear dues, stayed recovery proceedings contingent on timely payment, and directed revival of steps upon default.

What did the court decide?

Granted six monthly instalments for payment of dues; recovery proceedings stayed contingent on timely payment; stages for revival of recovery steps on default specified.

Rajan M v Vs Special Deputy Tahsildar(Rr)… — Contract and Commercial Disputes | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017/24TH KARTHIKA, 1939

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WP(C).No. 35499 of 2017 (J)

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PETITIONERS:

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1. RAJAN M. V., S/O. MANI VARGHESE, AGED 64, MANJAMTHURUTHEL HOUSE, NADAMA VILLAGE, KANAYANNUR TALUK, THRIPUNITHURA P.O.-682301.

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2. DONA RAJAN, D/O. RAJAN, AGED 23, MANJAMTHURUTHEL HOUSE, NADAMA VILLAGE, KANAYANNUR TALUK, THRIPUNITHURA P.O.-682301.

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BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

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RESPONDENTS:

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1. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KSFE LIMITED, ERNAKULAM, KOCHI-682018.

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2. KSFE LIMITED, THRIPUNITHURA BRANCH, KIZHAKKEKKOTTA, THRIPUNITHURA -682301, REP. BY ITS MANAGER.

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BY ADVS. SRI.VASUDEVAN T.M., SC, KSFE LTD. SRI.K.A.SALIL NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35499 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE IN RRC NO.B112016/76156/7/K-DIS.DATED 1.8.2017.

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EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE IN RRC NO.B112016/76157/K.DIS. DATED 1.8.2017.

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

K. Vinod Chandran, J

---------------------------------------W.P.(C).No.35499 of 2017-J

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----------------------------------------Dated this the 15^th day of November, 2017

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JUDGMENT

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The petitioners are aggrieved with the recovery proceedings initiated by Exhibits P1 and P2 for default in a chitty transaction.

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The learned Standing Counsel appearing for the respondent-KSFE submits that the petitioners have defaulted the chitty and have also defaulted two loans - one taken on the chitty of Rs.5 lakhs and the other personal loan of Rs.3 lakhs. The total defaulted amounts due from the petitioners is said to be Rs.11,05,423/- [Rupees eleven lakhs, five thousand, four hundred and twenty three].

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The petitioners submit that they would clear the entire amounts in six instalments. In such circumstances, this writ petition is disposed of on the following terms:

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(i) The 2^nd respondent shall grant six monthly instalments for the payment of the entire outstanding dues, starting from 15.12.2017 and continued on the 15^th of the successive months. Any future

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WP(C) No.35499 of 2017 - 2 -

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interest due and 1% collection charge would be payable to the 2^nd respondent-KSFE, as the 7^th instalment. The collection charge shall

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be paid over to the revenue recovery authorities.

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(ii) Recovery proceedings shall be kept in abeyance on

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condition that the remittances as per this order are made without any default.

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(iii) On the petitioners making two defaults in repaying the instalments, the recovery steps initiated shall revive and continue.

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(iv) On the petitioners satisfying the entire arrears, the

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recovery proceedings shall be unenforceable.

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Sd/-

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K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

Rajan M v. Vs Special Deputy Tahsildar(Rr), Ksfe Limited

Case brief

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Rajan M v. Vs Special Deputy Tahsildar(Rr), Ksfe Limited

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