Arafa Exports And Imports vs. State Of Kerala
Held
The Court directed the 2nd respondent (Secretary, Department of Industries) to consider the petitioners' representation (Ext.P12) within six weeks. Coercive proceedings against the petitioners were deferred for six weeks, conditioned on them remitting ₹15 lakhs within three weeks.
Facts
Petitioners, cashew traders affected by Covid-19, sought benefits under a government One Time Settlement Scheme (Ext.P5) for rehabilitation. Despite previous court directions to consider their request, the bank initiated recovery proceedings, leading the petitioners to file a fresh representation (Ext.P12) seeking the scheme's benefits.
Key Issues
The key legal issue was the petitioners' entitlement to benefits under a government rehabilitation scheme for cashew businesses and the bank's recovery proceedings while their request for scheme benefits was pending consideration.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 6390 OF 2024 PETITIONERS: 1 ARAFA EXPORTS AND IMPORTS, 8/59, MADAVOOR PANCHAYATH, KOZHIKODE DISTRICT - 673585 REPRESENTED BY ITS PROPRIETOR, IBRAHIM M 2 IBRAHIM. M, AGED 62 YEARS S/O. ANTHRUMAN, MANTHOTTATHIL HOUSE, PARANNOOR P.O., NARIKKUNI, KOZHIKODE DISTRICT, PIN – 673585 BY ADVS. V.A.VINOD ANIL KUMAR K.P. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIAL DEPARTMENT, (CASHEW) OFFICE OF THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 3 THE KERALA BANK REPRESENTED BY ITS BRANCH MANAGER, NARIKKUNI BRANCH, NARIKKUNI P.O., KOZHIKODE, PIN - 673585 4 THE AUTHORISED OFFICER KERALA STATE CO-OPERATIVE BANK LTD, RECOVERY WING, P B NO. 503, KALLAI ROAD, CHALAPPURAM P.O., KOZHIKODE, PIN – 673002 SRI.SREEJITH V.S., GOVERNMENT PLEADER SRI.P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLL
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