IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 25691 OF 2021
PETITIONER:
K.J. SCARIA
AGED 63 YEARS, S/O. K.J.KURIAN,
RESIDING AT PRASANTH BHAVAN, MARUTHORVATTOM P.O.,
CHERTHALA, ALAPPUZHA DISTRICT-688539.
BY ADVS.
B.PRAMOD
NAMITHA JYOTHISH
RESPONDENTS:
1 THE AUTHORIZED OFFICER (CHIEF MANAGER)
SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE,
2ND FLOOR TMJ COMPLEX, RAMANCHIRA, THIRUVALLA-689107.
2 SOUTH INDIAN BANK LTD.
CHERTHALA BRANCH, CHERTHALA P.O., ALAPPUZHA-688524,
REPRESENTED BY ITS BRANCH MANAGER.
3 THE GENERAL MANAGER (TECH), REGIONAL OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA
REGIONAL OFFICE, KERALA, PALKULANGARA JN.,
THIRUVANANTHAPURAM, PIN-695008.
4 THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY,
LAND ACQUISITION (NATIONAL HIGHWAYS), NH 66, CHERTHALA,
ALAPPUZHA-688539.
5 ADDL. JOSEPH XAVIER
AGED 62 YEARS
(SOUGHT TO BE IMPLEADED)
BY ADVS.
SUNIL SHANKER
MATHEWS K.PHILIP
SABU P.JOSEPH
VIDYA GANGADHARAN
C.N.SREEKUMAR
W.P.(C) No.25691 of 2021 2
MANJU PAUL
ANIL PRASAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.25691 of 2021 3
JUDGMENT
The petitioner has approached this Court challenging Ext.P14 communication issued by the 1 st respondent to a company known as Sofine Decors Pvt.Ltd. (of which the petitioner is the Managing Director) rejecting a request for adjustment of compensation payable by the National Highway Authority of India for acquisition of properties belonging to the company, directly to the 1st respondent bank for settlement of liabilities with the bank.
2. When this matter came up for consideration before this Court, taking into consideration the submission made by the parties who were represented in Court, it directed that if the title deeds of the properties which are now mortgaged to the bank are produced before the NHAI authorities, they shall consider the same and after arriving at the amount of compensation payable, the said amount shall be paid to respondents 1 and 2 considering the peculiar facts and circumstances of the case. The determination of the compensation payable was to be expedited. W.P.(C) No.25691 of 2021 4
3. When this matter is taken up for consideration today, an impleading application has been filed by one Joseph Xavier, as I.A No.2/2022, pointing out that the amount receivable in terms of Ext.P12 in respect of property belonging to a partnership firm of which the petitioner is the managing partner cannot be applied for the discharge of liabilities of the company named Sofine Decors Pvt.Ltd. The aforesaid Joseph Xavier claimes to be a partner of the partnership firm in respect of which Ext.P12 is issued. This is seriously disputed by the learned counsel appearing for the petitioner who states that the petitioner sought to be impleaded is not actually a partner and he had retired in 1994. However, this aspect need not be considered or adjudicated here, as it is pointed out that the amount receivable in respect of the property belonging to the company will itself be sufficient to discharge the liability of the bank.
5. The learned standing counsel appearing of the bank submits that the exact amount due to the bank may be more than the amount payable in respect of the property of the company, on account of accrual of interest. This is entirely an W.P.(C) No.25691 of 2021 5 issue to be worked out between the Bank and the company in question.
6. This Writ Petition will stand disposed of directing the 4th respondent to finalise proceedings in respect of Ext.P11 and to determine the amount of compensation payable to the company (Sofine Decors Pvt.Ltd.). The said amount shall be paid to respondents 1 and 2 without any further delay.
7. The proceedings in respect of Ext.P11 shall be finalized as above, within a period of 1 month from the date of receipt of a copy of this judgment. The recovery proceedings shall deferred by a period of 1 month to enable the competent authority determine the compensation payable, as above.
Sd/-
GOPINATH P.
JUDGE ats W.P.(C) No.25691 of 2021 6 APPENDIX OF WP(C) 25691/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.314/06 DATED 8.2.2006.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.9.2018.
Exhibit P3 TRUE COPY OF THE LETTER DATED 31.5.2021. Exhibit P4 TRUE COPY OF THE LETTER DATED 15.6.2021. Exhibit P5 TRUE COPY OF THE NOTICE DATED 24.6.2021 SENT BY THE DIRECTORS BY NAME JOSEPH XAVIER.
Exhibit P6 TRUE COPY OF THE NOTICE DATED 24.6.2021 SENT BY THE DIRECTORS BY NAME VARKEY JOHN. Exhibit P7 TRUE COPY OF THE NOTICE DATED 24.6.2021 SENT BY THE DIRECTORS BY NAME AJITH MATHEW.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 26.7.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P9 TRUE COPY OF THE SALE DEED NO.2296/09 DATED 24.10.2009.
Exhibit P10 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.5.2020.
Exhibit P11 TRUE COPY OF THE NOTICE DATED 24.6.2021 TO THE PETITIONER IN THE CAPACITY AS THE MANAGING DIRECTOR OF THE COMPANY.
Exhibit P12 TRUE COPY OF THE NOTICE DATED 24.6.2021 TO THE PETITIONER IN THE CAPACITY AS THE MANAGING DIRECTOR OF THE COMPANY.
Exhibit P13 TRUE COPY OF THE REPLY DATED 28.9.2021. Exhibit P14 TRUE COPY OF THE LETTER DATED 5.10.2021. W.P.(C) No.25691 of 2021 7 RESPONDENT EXHIBITS Exhibit R5(A) TRUE COPY OF THE FORM 'A' ISSUED BY THE REGISTRAR OF FIRMS DATED 20-11-2020 OF THE M/S. FLORAL DECORATIVE AND NATURALS. Exhibit R5(B) TRUE COPY OF THE ORDER DATED 16-09-2021 IN C.P.NO.54/KOB/2020 FOR CONVENING THE AGM. Exhibit R5(C) TRUE COPY OF THE DETAILED VALUATION STATEMENT OF M/S. FLORAL DECORATIVES AND NATURALS.
Exhibit R5(D) TRUE COPY OF THE DETAILED VALUATION STATEMENT OF M/S. SOFINE DECORS PVT. LTD.