Dismissed

Central Avenue v. the Managing Director

Kerala HC3 Aug 2022WP(C)/759/2021

Case brief

AI extract

What is this about?

The Kerala High Court addressed a writ petition challenging a demand notice issued by Kerala Financial Corporation. The court noted the petitioner failed to deposit the directed 10% amount to prove bonafides, despite citing pandemic hardships. Consequently, the court closed the writ petition.

What did the court decide?

Writ petition closed; petitioner directed to approach Kerala Financial Corporation for consideration of repayment proposal.

Central Avenue Vs the Managing Director — Banking and Recovery | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WP(C) NO. 759 OF 2021

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PETITIONER/S:

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CENTRAL AVENUE
NEAR SUBWAY,
THAVAKKARA, KANNUR-2,
REPRESENTED BY ITS MANAGING PARTNER,
DR M N GIREESH, AGED 66 YEARS, S/O M N BHARATHAN,
N S HOUSE, CHIRAKKAL P O, KANNUR-670011.
BY ADVS.
ABDUL RAOOF PALLIPATH
SRI.K.R.AVINASH (KUNNATH)

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RESPONDENT/S:

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1THE MANAGING DIRECTOR
KERALA FINANCIAL CORPORATION,
HEAD OF OFFICE, VELLAYAMBALAM, TRIVANDRUM-695033.
2THE BRANCH MANAGER
KERALA FINANCIAL CORPORATION,
BRANCH OFFICE, CHANDROTH COMPLEX, NETHAJI ROAD,
KANNUR-670001.
3THE DEPUTY TAHSILDAR (R R)
KERALA FINANCIAL CORPORATION,
KANNUR-670001.
BY ADVS.
SRI.M.R.VENUGOPAL
SMT.DHANYA P.ASHOKAN

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OTHER PRESENT:

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GP P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 759 OF 2021

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JUDGMENT

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Dated this the 03^rd day of August, 2022

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The writ petition is filed challenging Ext.P6 demand notice, issued by the Kerala Financial Corporation under Section 29 of State Financial Corporations Act.

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2.While admitting the writ petition, this court directed the petitioner to deposit 10 % of the amount due, for proving the petitioner's bonafides. It is informed that the petitioner has not remitted the amount.

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Learned counsel for the petitioner submits that, under the then prevailing circumstances, it was impossible for the petitioner, a hotelier, to deposit any amount. Even then, an amount of Rupees Twenty Lakhs was deposited by the petitioner.

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3.It is submitted that, taking into account the impact of Covid 19 and the resultant lock down, an Adalat had been conducted, in which the petitioner also participated. As opined in the Adalat, the petitioner submitted re-structured proposal for repayment before

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WP(C) NO. 759 OF 2021

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the Kerala Financial Corporation.

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Learned Standing Counsel for the Kerala Financial Corporation submitted that no leniency can be shown in the petitioner's case, since the direction issued by this Court is not complied with.

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I find merit in the above submission. The writ petition is hence closed, leaving it open the petitioner to approach the Kerala Financial Corporation seeking consideration of the proposal for repayment.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 759 OF 2021

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APPENDIX OF WP(C) 759/2021

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`PETITIO`	`NER EXHI`	`BITS`
`EXHIBIT`	`P1`	`TRUE COPY OF THE` `FILED BY LAKSHMI` `NITHYAN GIREESH` `SON OF M N GIREE` `KANNUR.`	`PLAINT IN OS 329/2017` `TRADIB JAYAPAL AND` `WHO ARE THE DAUGHTER AND` `SH BEFORE THE MUNSIFF,`
`EXHIBIT`	`P2`	`TRUE COPY OF THE` `IN OS 329/2017 B` `MUNSIFF COURT, K`	`WRITTEN STATEMENT FILED` `EFORE THE ADDITIONAL` `ANNUR.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE` `DR.186/18/RR/KFC` `ISSUED BY THE 3R`	`SALE NOTICE NO,` `/KNR DATED 7/2/2020` `D RESPONDENT.`
`EXHIBIT`	`P4`	`TRUE COPY OF THE` `NO.020268410/263` `RESPONDENT.`	`NOTICE DATED 3.11.2020` `/20 ISSUED BY THE 2ND`
`EXHIBIT`	`P5`	`TRUE COPY OF THE` `25.12.20 BEFORE` `KERALA.`	`REPRESENTATION DATED` `THE CHIEF MINISTER OF`
`EXHIBIT`	`P6`	`TRUE COPY OF THE` `NO.020268410/734` `RESPONDENT.`	`NOTICE DATED 5.1.2021` `/2021 ISSUED BY THE 2ND`
`EXHIBIT`	`P7`	`TRUE COPY OF THE` `8449/2019/GDCKNR` `THE DISTRICT COL` `THE PETITION FIL`	`LETTER REF.NO-G4-` `DATED 6.3.2021 ISSUED BY` `LECTOR, KANNUR ALONG WITH` `ED BY THE PETITIONER.`

Central Avenue v. the Managing Director

Case brief

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What did the court decide?

Central Avenue v. the Managing Director

Case brief

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