Partly allowed

Roshini Jacob, v. the Kerala State Financial Enterprises Ltd.

Kerala HC3 Dec 2020WP(C)/2937/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a surety aggrieved by revenue recovery proceedings. The Court allowed her to pay the outstanding auction dues in 12 monthly installments starting January 2021, permitting withdrawal of proceedings upon full payment and renewed action upon default.

What did the court decide?

Directing the petitioner to pay the outstanding amount in 12 equal monthly installments starting from January 2021.

Roshini Jacob, Vs the Kerala State Financial Enterprises… — Banking and Recovery | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942

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WP(C).No.2937 OF 2019(N)

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PETITIONER:

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ROSHINI JACOB,

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W/O. LATE JACOB DANIEL, AGED 60 YEARS, RESIDING AT CHIRAYIL JACOB VILLA, PADAMUGAL, KAKKANAD, VAZHAKKALA VILLAGE, KANAYANNOOR TALUK, KOCHI -682030.

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BY ADVS.

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K S HARIHARAPUTHRAN SRI.V.R.RAJESH SRI.RAAJESH S.SUBRAHMANIAN SMT.BHANU THILAK

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RESPONDENTS:

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THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HAVING THEIR REGISTERED OFFICE AT BHADRATHA, PB NO.510, MUSEUM ROAD, CHEMPUKKAVU, THRISSUR -680020.

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2 MANAGER,

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THE KERALA STATE FINANCIAL ENTERPRISES LTD, ALUVA BRANCH, ALUVA-683101.

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3 MANAGER, KSFE LTD, PRESS CLUB ROAD BRANCH, ERNAKULAM-682017.

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4 SPECIAL DEPUTY TAHASILDAR (RR), KSFE LTD, REVENUE RECOVERY, KSFE LTD., ERNAKULAM, KOCHI - 18.

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R1 BY ADV. SRI.P.PRIJITH, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2937 OF 2019(N)

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JUDGMENT

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Dated this the 3rd day of December 2020

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The Writ Petition is filed aggrieved by the

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revenue recovery proceedings initiated against the

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petitioner who stood as a surety for one

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P.P.Sheebamol W/O C.R.Shaji who auctioned two

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chitties.

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The learned Standing Cousel, Sri.P.Prijith

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on instructions submits that, as on 30.11.2020, a sum

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of Rs.50,43,654/- is due towards the auctioned

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chitties. So it is also pointed out that this Court had passed an interim order on 31.01.2019 granting a stay of coercive proceedings on condition that the

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petitioner remits a sum of Rs.1,50,000/- within ten

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days. It is further stated that after the said

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payment, the petitioner or the principal debtors have not remitted any amount.

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petitioner submits that the entire amount would be

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WP(C).No.2937 OF 2019(N)

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paid, in case installment facility is provided.

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Therefore, the Writ Petition is disposed of allowing the petitioner to pay off the outstanding amount in 12 equal monthly installments starting from January, 2021. In case, there is any default in any of the payment, the respondents are free to proceed with revenue recovery proceedings in accordance with law. In case the petitioner makes the payment, the revenue recovery proceedings shall be withdrawn.

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The Writ Petition is accordingly disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No.2937 OF 2019(N)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 19/01/2016 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 06/12/2018 ISSUED BY THE 4TH RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Roshini Jacob, v. the Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

Roshini Jacob, v. the Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

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