K.J. Scaria vs The Authorized Officer (Chief ...
2022 Latest Caselaw 5827 Ker

               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.

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

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

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.

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.