Disposed

M.P.Prasanna Kumar @ Prasannan v. the Kerala Financial Corporation

Kerala HC3 Mar 2021WP(C)/5041/2021

Case brief

AI extract

What is this about?

Petitioner prop owned four star hotel sought writ relief against coercive proceedings by respondent financial corporation under Section 29 of the State Financial Corporations Act, 1951, requesting discharge of liability due to COVID-19 crisis.

What did the court decide?

The respondents were directed to consider the petitioner's representation and take a decision after hearing the petitioner within two weeks; no coercive action was to be taken against the petitioner p

M.P.Prasanna Kumar @ Prasannan Vs the Kerala… — Pension and Retirement Benefits | 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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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942 WP(C).No.5041 OF 2021(E)

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PETITIONER:

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M.P.PRASANNA KUMAR @ PRASANNAN, AGED 54 YEARS,

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S/O.PRABHAKARAN, PROPRIETOR, HOTEL KALAI, 2ND MILE, KUTTITHERUVU, MAVELIKKARA ROAD, KAYAMKULAM, ALAPPUZHA DISTRICT - 690 502.

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BY ADVS. SRI.DINESH R.SHENOY SRI.EBIN MATHEW SRI.P.ROHIT PREMANANDAN SHENOY

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RESPONDENTS:

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1 THE KERALA FINANCIAL CORPORATION, REP. BY ITS CHIEF MANAGER, KERALA FINANCIAL CORPORATION, PAZHAMAANNIL, JESSY TOWERS, COLLEGE ROAD, PATHANAMTHITTA - 689 645.

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2 THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695 010, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR.

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BY ADV. SRI.BASANT BALAJI, SC, KFC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.5041 OF 2021(E)

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JUDGMENT

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The petitioner, who is a proprietor

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of a Four Star Hotel with Bar facility, has filed this writ petition aggrieved by the proceedings under Section 29 of the State Financial Corporations Act, 1951 initiated by

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the Corporation as per Exts.P13 and P14 notices.

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2. In the notices, it is stated that a sum of Rs.8,89,80,404/- is due from the petitioner. Pointing out the financial crisis faced by the petitioner on account of various circumstances including the COVID-19 pandemic, petitioner has submitted Ext.P15 representation.

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3. The learned counsel for the

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petitioner submits that the petitioner is ready to sell out one of the items of property offered as security towards the amount and for that purpose, he has submitted

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WP(C).No.5041 OF 2021(E)

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Ext.P15 representation.

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4. The learned Standing Counsel

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submitted that the petitioners can approach the Chief Manager along with the proposed buyer and the representation would be considered by the Chief Manager. The learned Standing Counsel also submitted that in order to show the bonafides, the petitioner would have to make substantial payment.

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The writ petition is therefore disposed of directing the respondents to consider Ext.P15 representation and to take a decision, after hearing the petitioner within a period of two weeks from the date of receipt of a copy of the judgment. Till such time, no coercive action shall be taken against the petitioner.

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Sd/P.V.ASHA JUDGE

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WP(C).No.5041 OF 2021(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE HOTEL AND RESTAURANT APPROVAL AND CLASSIFICATION COMMITTEE UNDER THE MINISTRY OF TOURISM, GOVERNMENT OF INDIA.
EXHIBIT P2	TRUE PHOTOCOPY OF ORDER DATED 2.9.2013 ISSUED BY THE REGIONAL DIRECTOR (SOUTH) OF INDIA TOURISM.
EXHIBIT P3	TRUE PHOTOCOPY OF LETTER DATED 6.11.2013 ISSUED TO THE PETITIONER FROM GOVERNMENT OF
	INDIA, MINISTRY OF TOURISM (HRACC DIVISION).
EXHIBIT P4	TRUE PHOTOCOPY OF A CERTIFIED EXTRACT OF THE DECISION OF THE KAYAMKULAM MUNICIPALITY DATED 16.1.2014.
EXHIBIT P5	TRUE PHOTOCOPY OF JUDGMENT DATED 17.7.2014 IN WP(C) NO.2656/2014.
EXHIBIT P6	TRUE PHOTOCOPY OF ORDER DATED 29.10.2014 IN RP 718/2014 OF HIGH COURT OF KERALA
EXHIBIT P7	TRUE PHOTOCOPY OF JUDGMENT DATED 11.11.2015
	IN WP(C) NO.5667/2015, HIGH COURT OF KERALA.
EXHIBIT P8	TRUE PHOTOCOPY OF ACCOUNTS STATEMENT FOR LOAN ACCOUNT NO.090149330 OF THE PETITIONER WITH THE 1ST RESPONDENT.
EXHIBIT P9	TRUE PHOTOCOPY OF LOAN ACCOUNT NO. 090149320.
EXHIBIT P10	TRUE PHOTOCOPY OF LOAN ACCOUNT NO. 090149310.
EXHIBIT P11	TRUE PHOTOCOPY OF LOAN ACCOUNT NO. 090149331.

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WP(C).No.5041 OF 2021(E)

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EXHIBIT P12	TRUE PHOTO ISSUED BY PETITIONER.	COPY OF NO THE 1ST	TICE DATED 17.11.2020 RESPONDENT TO THE
EXHIBIT P13	TRUE PHOT 2002/2021 17.2.2021.	OCOPY OF DATED 1	REMINDER NOTICE NO. 5.2.2021, SERVED ON
EXHIBIT P14	TRUE PHOT 2003/2021 17.2.2021.	OCOPY OF DATED 1	REMINDER NOTICE NO. 5.2.2021 SERVED ON
EXHIBIT P15	TRUE PHOT 20.2.2021 BEFORE THE	OCOPY OF SUBMITTED 2ND RESPON	REPRESENTATION DATED BY THE PETITIONER DENT.

M.P.Prasanna Kumar @ Prasannan v. the Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

M.P.Prasanna Kumar @ Prasannan v. the Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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