W.P.C.No.14498/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
WP(C) NO. 14498 OF 2022
PETITIONERS:
1 SARITHA,
AGED 34 YEARS,
W/O.GILSON, KALATHIL HOUSE, KOMBATHIKADAVU P.O,
PUTHENCHIRA VILLAGE, THRISSUR DISTRICT, PIN 680
666.
2 GILSON K.V.,
AGED 39 YEARS,
S/O.VARGHESE, KALATHIL HOUSE, KOMBATHIKADAVU P.O,
PUTHENCHIRA VILLAGE, THRISSUR DISTRICT PIN 680 666.
BY ADVS.
K.S.RAJESH
M.SHAJU PURUSHOTHAMAN
RESPONDENTS:
1 THE UCO BANK LTD.,
KODUNGALLUR BRANCH , P.O KODUNGALLUR, PIN 680 664.
REPRESENTED BY ITS BRANCH MANAGER.
2 THE DEPUTY TAHSILDAR (RR),
KODUNGALLUR TALUK, P.O KODUNGALLUR, PIN 680 664.
3 THE VILLAGE OFFICER,
PULLUT VILLAGE OFFICE, PULLUT, THRISSUR DISTRICT,
PIN 680 664.
SRI. H. RAMANAN,SC FOR R1,
SMT. PARVATHY.K, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C.No.14498/2022 2
JUDGMENT
Petitioners have filed this writ petition challenging the revenue recovery proceedings initiated against them as per Ext.P1 demand notice for an amount of Rs.1,21,347/-. The aforesaid revenue recovery was for realizing the credit facility availed from the 1 st respondent bank under the MSME Scheme. Later, there occurred some default in repayment of the same and the Revenue Recovery proceedings were initiated consequently.
2. Heard both sides.
3. Considering the facts and circumstances of the case, I am of the view that an opportunity can be granted to the petitioners to settle the loan account through installment facility.
Accordingly, this writ petition is disposed of directing the petitioners to pay the entire amount covered by Ext.P1 along with future interest in six equal monthly installments commencing from 20.05.2022. Upon failure of any installments, the aforesaid facility shall stand cancelled. Subject to the above, all recovery proceedings pursuant to Exts.P1 and P2 demand notices shall stand stayed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/27.4.22 W.P.C.No.14498/2022 3 APPENDIX OF WP(C) 14498/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 1-4-
2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS UNDER RULE 7 OF THE KERALA REVENUE RECOVERY ACT Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 1-4-
2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS UNDER RULE 34 OF THE KERALA REVENU RECOVERY ACT