Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO. 11695 OF 2023 PETITIONER:
ANANTHAVISHNU M.K., AGED 33 YEARS, S/O MURUKAN V., UTHRADAM, KOLLAMVILAKAM, ARUMANOOR, POOVAR, THIRUPURAM, THIRUVANANTHAPURAM, PIN – 695 525.
BY ADVS.
R.N.SANDEEP KEERTHI VIJAYAN RESPONDENT:
KERALA FINANCIAL CORPORATION (KFC) THIRUVANANTHAPURAM BRANCH, REPRESENTED BY ITS CHIEF MANAGER, KANAKA, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN–695 033.
BY ADVS.
ADV. VENUGOPAL M.R.
DHANYA P.ASHOKAN(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020) SREEDARSHAN SUDHAKARAN(K/1349/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).42081/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.11695 of 2023 & 42081 of 2018 : 2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO. 42081 OF 2018 PETITIONER:
SHIBU MARSHAL T., AGED 31 YEARS S/O THAMBI B., SHIBU BHAVAN, NEENDAKARA ROAD, NEENDAKARA, KOLLAM-691882.
BY ADV R.N.SANDEEP RESPONDENTS:
1 THE DY. TAHSILDAR, REVENUE RECOVERY, THRISSUR TALUK OFFICE, OPP. THRISSUR TOWN HALL, CHEMBUKKAV, THRISSUR-680 020.
2 THE KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM BRANCH, REPRESENTED BY ITS CHIEF MANAGER, KANAKA VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.
3 THE DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION, CIVIL STATION LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR-680 003.
BY ADVS.
M.R.VENUGOPAL DHANYA P.ASHOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).11695/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.11695 of 2023 & 42081 of 2018 : 3:
SHAJI P. CHALY, J.
-------------------------------------------------------------- W.P.(C).Nos.11695 of 2023 & 42081 of 2018 ------------------------------------------------------------- Dated this the 04th day of April, 2023 JUDGMENT Petitioners in these writ petitions are partners of a firm namely Ask Engineering and Constructions. The firm has availed a loan from the Kerala Financial Corporation (KFC). Consequent to the failure on the part of the petitioners to repay the loan amount, recovery action was initiated as per the provisions of the Kerala Revenue Recovery Act, 1968, evident from Ext.P2 notice dated 26.07.2018 issued under Section 7 of the Act, 1968. It is, thus, challenging the legality and correctness of the coercive action, W.P.(C).No.42081 of 2018 is filed. Another partner has filed the connected writ petition challenging the notice issued by the KFC to settle the transaction in Adalat.
2. Even though various contentions are raised in the writ petitions attributing illegality to the action initiated by the KFC, today when the matter was taken up, the learned counsel for the petitioners submitted that petitioners are prepared to pay 10% of the amount along with OTS application on or before 30.04.2023 in order to avail the OTS benefit.
3. The learned Standing Counsel for the KFC submitted that an amount of Rs.16.65 lakhs is outstanding against the petitioners as on 31.03.2023, and if the petitioners are paying 10% of the said amount along with OTS application, it will be duly considered by the Managing Director or competent
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authority of the KFC.
4. I have heard the learned counsel for the petitioners Sri. R.N.Sandeep, and the learned Standing Counsel for the Kerala Financial Corporation, Sri.M.R.Venugopal and perused the pleadings and material on record.
5. The deliberations made above would make it clear that a serious adjudication of the contentions put forth by the petitioners in the writ petitions are not required.
6. Therefore, there will be a direction to the petitioners to pay 10% of the amount outstanding with GST along with an application for settling the transaction in a One Time Settlement Scheme offered by the Kerala Financial Corporation before 30.04.2023. If 10% of the amount plus GST is paid along with the application for OTS, it shall be considered by the Managing Director or the competent authority at the earliest and at any rate within two weeks from the date of receipt of the application along with the amounts as specified above from the petitioner. The learned Standing Counsel also submitted that if OTS is permitted, the petitioners may have to pay the same within a period of three months. The said submission is placed on record.
The writ petition is disposed of as above.
Sd/- SHAJI P. CHALY, JUDGE ak
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APPENDIX OF WP(C) 11695/2023 PETITIONER’S EXHIBITS:- Exhibit P1 TRUE COPY OF THE NOTICE DATED 24/11/2022 ISSUED BY THE RESPONDENT BANK.
W.P.(C).Nos.11695 of 2023 & 42081 of 2018 : 6:
APPENDIX OF WP(C) 42081/2018 PETITIONER’S EXHIBITS:- EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 4.11.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 26.7.2011 ISSUED BY THE 1ST RESPONDENT.
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