Allowed

Raju v. the Regional Office of Kerala State Financial Enterprises Ltd.

Kerala HC12 Jan 2021WP(C)/109/2021

Case brief

AI extract

What is this about?

The petitioner challenged revenue recovery proceedings initiated by Kerala State Financial Enterprises Ltd for a defaulted loan. The court on the same day disposed of the petition by directing repayment in 12 monthly instalments with a stay on recovery proceedings pending compliance. Effective date is 15.02.2021.

What did the court decide?

Repayment of outstanding amount in 12 equal monthly instalments starting from 15.02.2021; revenue recovery proceedings kept in abeyance.

Raju Vs the Regional Office of Kerala State Financial… — Banking and Recovery | Kerala HC (2021)

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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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.109 OF 2021(K)

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PETITIONER:

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RAJU

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AGED 67 YEARS S/O. PACHAN, RESIDING AT DEVI BHAVANAM, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, KARINGANNUR P.O, PIN-691 516

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BY ADV. SRI.A.JANI(KOLLAM)

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RESPONDENTS:

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1 THE REGIONAL OFFICE OF KERALA STATE FINANCIAL ENTERPRISES LTD, REPRESENTED BY ITS REGIONAL MANAGER, THRISSUR, PIN-680 020

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2 THE SPECIAL DEPUTY TAHASILDAR (RR) KSFE LTD, OFFICE OF THE SPECIAL DEPUTY TAHASILDAR (RR), KSFE LTD, KOLLAM, PIN-691 001

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3 THE KSFE OYOOR BRANCH REPRESENTED BY ITS MANAGER, KSFE OYOOR, 691 510.

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OTHER PRESENT:

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SMT.PRINCY XAVIER, GP, SRI.SALIL NARAYANAN.K.A, SC, KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.109 OF 2021(K)

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J U D G M E N T

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Aggrieved by the revenue recovery proceedings

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initiated by the KSFE towards the defaulted loan amount due from the petitioner, this writ petition is filed.

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Learned counsel for the petitioner submits

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that the outstanding amount can be paid in case instalments facility can be granted.

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Sri. Salil Narayanan, learned Standing

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Counsel fairly submits that in case the petitioner remits the outstanding amount in 12 equal instalments, revenue recovery proceedings can be kept in abeyance and thereafter withdrawn.

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Therefore the writ petition is disposed of with the following directions:

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Petitioner shall re-pay the outstanding

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amount due to the respondents 1 and 3 in 12

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equal monthly instalments starting from

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WP(C).No.109 OF 2021(K)

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15.02.2021 onwards. The revenue recovery proceedings shall be kept in abeyance in the meanwhile. In case petitioner commits any default in payment of any of the instalments the respondents are free to resume the revenue recovery proceedings. In the meanwhile petitioner would also be free to approach the first respondent requesting for relaxation in

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the rate of interest. In case such a representation is submitted, first respondent shall consider the same and pass orders within a period of 'two months' from the date of receipt of a copy of the same.

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Sd/- P.V.ASHA, JUDGE

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WP(C).No.109 OF 2021(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT ISSUED BY VELINALLOOR VILLAGE OFFICE TO WIFE OF WRIT PETITIONER MRS. VALSALA.

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EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT ISSUED BY VILLAGE OFFICER, VELINALLOOR TO WRIT PETITIONER.

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EXHIBIT P3 TRUE COPY OF REVENUE RECOVER NOTICE ISSUED BY SECOND RESPONDENT TO WRIT PETITIONER.

Raju v. the Regional Office of Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

Raju v. the Regional Office of Kerala State Financial Enterprises Ltd.

Case brief

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What did the court decide?

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