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Radhakrishnan Mullath vs. Union Of INDIA

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WP(C)/12041/2021HC KeralaGSTCNR KLHC01032256202121 June 2021Bench: HONOURABLE MR. JUSTICE A.M.BADAR6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 21ST DAY OF JUNE 2021 / 31ST JYAISHTA, 1943 WP(C) NO. 12041 OF 2021 PETITIONER/S: 1 RADHAKRISHNAN MULLATH, AGED 71 YEARS S/O KANANGATH RADHAKRISHNA MENON, MULLATH HOUSE, KARIKKAD P.O., THRISSUR DISTRICT-680 519. 2 SANDHEEP RADHAKRISHNA MENON,AGED 43 YEARS S/O RADHAKRISHNAN MULLATH, MULLATH HOUSE, KARIKKAD P.O., THRISSUR DISTRICT-680 519. 3 DILEEP RADHAKRISHNA MENON, AGED 30 YEARS S/O RADHAKRISHNAN MULLATH, MULLATH HOUSE, KARIKKAD P.O., THRISSUR DISTRICT-680 519. 4 DEEPAK RADHAKRISHNA MENON, AGED 33 YEARS S/O RADHAKRISHNAN MULLATH, MULLATH HOUSE, KARIKKAD P.O.THRISSUR DISTRICT-680 519. 5 ODUMPULLY SYAMALA DEVI, AGED 63 YEARS W/O RADHAKRISHNAN MULLATH, MULLATH HOUSE, KARIKKAD P.O.THRISSUR DISTRICT-680 519. BY ADVS. V.JOHN MANI S.JAYANT JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. GAYATHRI MENON XAVIER THOMAS V.T. RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCES, 3RD FLOOR, JEEVAN DEEP BUILDING, SUNSAD MARG, NEW DELHI-110 001. WP(C) NO. 12041 OF 2021 2 2 THE CHIEF MANAGER CANARA BANK. KUNNAMKULAM BRANCH, XV/524D. CENTRE PLAZA, THRISSUR ROAD, KUNNAMKULAM THRISSUR-680 503. SRI. M. GOPIKRISHNAN NAMBIAR – STANDING COUNSEL SRI. P VIJAYAKUMAR - ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12041 OF 2021 3 JUDGMENT

Heard both sides.

2.

Learned counsel appearing for the petitioners submits that the petitioners had obtained overdraft loans and term loans from 2nd respondent. They failed to clear the same as per scheduled instalments because of the onset of Covid-19 pandemic. Learned counsel appearing for the petitioners submits that the petitioners wants to clear the entire liability towards the loan taken by him in eight monthly instalments.

3.

Learned Standing Counsel appearing for the 2nd respondent submits that the loan of the petitioners towards loan taken by them as on 16.06.2021 is about Rs.5,46,25,726/- (Rupees five Crores forty six lakhs twenty five thousand seven hundred and twenty six only) and they may clear the same in eight monthly instalments as stated by the learned Standing Counsel appearing for the petitioners. Learned Standing counsel appearing for the 2nd respondent further submits that as of now, only notice under Section 13(2) of the SARFAESI Act has been issued.

4.

In the light of submissions made at bar, the writ petition is

WP(C) NO. 12041 OF 2021 4 disposed of with the following directions:-

The petitioners are directed to clear the entire loan liability as of date in eight successive monthly installments commencing from 21.07.2021. If the petitioners comply with this direction, respondents shall keep the coercive action, initiated against the petitioners under the SARFAESI Act, in abeyance. In case of a single default, the respondent is at liberty to continue the action under the SARFAESI Act initiated against the petitioners. No further extension of time for compliance of this direction shall be granted to the petitioners. A.M.BADAR JUDGE ajt

WP(C) NO. 12041 OF 2021 5 APPENDIX OF WP(C) 12041/2021 PETITIONER ANNEXURE Exhibit P1 AOF GST REGISTRATION CERTIFICATE OF RED STAR POLY PRODUCTS Exhibit P2 AOF GST REGISTRATION CERTIFICATE OF SREE VINAYAKA TRADERS Exhibit P11 AOF LICENSE ISSUED BY SECRETARY KADAVALLUR GRAMA PANCHAYAT TO GOOD TIMES HOUSEWARES DATED 1.4.2015 Exhibit P12 AOF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE 2ND RESPONDENT DATED 1.11.2017 Exhibit P12(a) AEMAIL COMMUNICATION SUBMITTED BY 2ND PETITIONER BEFORE 2ND RESPONDENT DATED 16.2.2018 Exhibit P13 AEMAIL COMMUNICATION ISSUED BY PETITIONERS DATED 10.8.2019 AND 2ND RESPONDENT DATED 6.8.2019 Exhibit P14 AOF REPLY SUBMITTED BY 2ND PETITIONER TO 2ND RESPONDENT THROUGH EMAIL DATED 17.8.2019 Exhibit P15 AOF EMAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 30.5.2020 AND ITS REPLY ISSUED BY 2ND PETITIONER DATED 30.5.2020 Exhibit P16 AOF STATEMENT OF ACCOUNT OF RED STAR POLY PRODUCTS FOR THE PERIOD 1.4.2019 TO 31 3.2020 Exhibit P17 AOF STATEMENT OF ACCOUNT OF RED STAR PLASTICS WITH ACCOUNT NO 854261002046 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P18 AOF STATEMENT OF ACCOUNT OF RHINO

WP(C) NO. 12041 OF 2021 6 PLASTICS CONTAINERS WITH ACCOUNT NO 0854261002143 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P19 AOF STATEMENT OF ACCOUNT OF GOOD TIMES HOUSE WARES WITH ACCOUNT NO 0854261002207 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P3 AOF GST REGISTRATION CERTIFICATE OF GOOD TIMES MARKETING ASSOCIATES Exhibit P20 AOF STATEMENT OF ACCOUNT OF SREE VINAYAKA TRADERS WITH ACCOUNT NO 0854261002288 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P21 AOF STATEMENT OF ACCOUNT OF GOOD TIMES MARKETING WITH ACCOUNT NO 085425002223 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P22 AOF STATEMENT OF ACCOUNT OF GOOD TIME HOUSE WARES WITH ACCOUNT NO 0854773016561 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P23 AOF STATEMENT OF ACCOUNT OF RED STAR PLASTICS WITH ACCOUNT NO 0854773016559 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P24 AOF STATEMENT OF ACCOUNT OF RED STAR POLY PRODUCTS WITH ACCOUNTS NO 085474600009 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P25 AOF STATEMENT OF ACCOUNT OF RED STAR POLY PRODUCTS WITH ACCOUNT NO 0854768000400 FOR THE PERIOD 1.4.2019 TO 31.3.2020 Exhibit P26 AOF STATEMENT OF ACCOUNT OF RED STAR POLY PRODUCTS WITH ACCOUNT NO 0854773016560 FOR THE PERIOD 1.4.20019 TO 31.3.2020

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.