Anilkumar A.K. vs The Kerala Financial Corporation
2021 Latest Caselaw 6753 Ker

WP(C).No.1711 OF 2021(L)
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.1711 OF 2021(L)


PETITIONER:

               ANILKUMAR A.K., AGED 52 YEARS, S/O. APPUKUTTAN
               NAIR, PROPRIETOR, M/S GAGO CONVENTION CENTRE,
               ALTHARAMOOD, KADAKKAL, RESIDING AT BHAGAVATHI
               VILASAM, PULIPPARA, KADAKKAL, KOLLAM - 691 536.

               BY ADV. SRI.LIJU. M.P

RESPONDENTS:

      1        THE KERALA FINANCIAL CORPORATION
               BRANCH OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM -
               695033., REP. BY ITS BRANCH MANAGER.

      2        THE CHIEF MANAGER
               THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE,
               VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.

      3        THE SENIOR MANAGER
               THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE,
               VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.

      4        THE ZONAL MANAGER
               THE KERALA FINANCIAL CORPORATION, HEAD OFFICE,
               VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.

               R1-4 BY ADV. SRI.BASANT BALAJI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1711 OF 2021(L)
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                                      P.V.ASHA, J.
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                             W.P(c) No.1711 of 2021 - L
                    ----------------------------------------------------
                     Dated this the 25th day of February, 2021

                                  JUDGMENT

The petitioner, who availed a loan from the respondents, is faced with

proceedings under Revenue Recovery Act. The petitioner defaulted his loan

instalments due to various reasons. By Ext.P3 notice dated 06.01.2021, the

petitioner is informed that the total dues outstanding is Rs.51,42,185/- and the

balance outstanding against him is Rs.6,93,95,678.2. Since he has failed to pay off

the arrears, he was asked to regularise his loan account on or before 31.12.2020.

2. The learned counsel for the petitioner submits that the loan was

availed for construction of a Convention Centre in 2015 and at present the

Convention Centre is taken over by the Government for converting to Covid First

Line Treatment Centre and there is no income from the Convention Centre. The

petitioner is facing serious financial constraints.

3. The learned Standing Counsel Sri Basant Balaji submits that the

petitioner has been a defaulter from 2017 onwards.

4. The learned counsel for the petitioner submits that if instalment

facility is provided for a period of one year, the amount overdue can be paid. The WP(C).No.1711 OF 2021(L)

learned Standing Counsel submits that as a huge amount is due, the petitioner

cannot be granted one year's time.

Accordingly, the Writ Petition is disposed of with a direction to the

petitioner to remit the overdue amount in 8 equal monthly instalments along with

the regular instalments starting from April, 2021 onwards. In case the petitioner

commits default in any of the instalments, the respondents would be free to

proceed with the revenue recovery proceedings.

Sd/- (P.V.ASHA, JUDGE)

rtr/ WP(C).No.1711 OF 2021(L)

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROVISIONAL STATEMENT OF ACCOUNTS FROM 01.04.2019 TO 17.03.2020 IN LOAN NUMBER 120417510.

EXHIBIT P2 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 03.07.2020 ISSUED BY PETITIONER TO 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 06.01.2021 ISSUED BY 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.B7-6280/19 DATED 19.07.2020 TAHSILDAR (TALUK INCIDENT COMMANDER/EXECUTIVE MAGISTRATE), KOTTARAKKARA ALONG WITH ENGLISH TRANSLATION.