Kerala High Court
Ashraf M.A vs The Kerala State Financial ... on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 34165 OF 2022
PETITIONERS:
1 ASHRAF M.A.,
AGED 58 YEARS
S/O. M.K ABDUL RAHMAN,
RESIDING AT MUSLIM VEETTIL,
KAIPARAMBU VILLAGE AND DESOM,
TRISSUR TALUK,
2 REJULA ASHRAF
AGED 50, W/O ASHRAF,
RESIDING AT MUSLIM VEETTIL,
KAIPARAMBU VILLAGE AND DESOM,
TRISSUR TALUK.
BY ADV T.N.MANOJ
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE
FOR SHORT)
ERNAKULUM MAIN BRANCH, NEAR PADMA, JEW STREET, P.B NO
3582, ERNAKULAM, PIN -682035, REPRESENTED BY ITS
MANAGER.
2 THE DEPUTY TAHSILSHAR,
REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES
LIMITED [KSFE FOR SHORT] POX BOX NO: 510, CHEMBUKAVU,
TRISSUR, PIN -680020.
OTHER PRESENT:
SRI. SALIL NARAYANAN.K.A-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34165 OF 2022
2
JUDGMENT
Petitioners are husband and wife and they are
Directors of M/s. Shangrila Trading and Marketing Company
which is dealing with manufacture and sale of floor tiles and
allied items having branches at Ernakulam and Calicut.
Petitioners are subscribers of two chitties and later, they
have secured a chitty loan from the Kerala State Financial
Enterprises Ltd. Admittedly, repayment was defaulted,
consequent to which the KSFE has initiated action under the
provisions of the Kerala Revenue Recovery Act, 1968,
evident from Exts.P1 to P3 notices issued under Section 36
of the Kerala Revenue Recovery Act, 1968. It is, thus,
challenging the legality and correctness of Exts.P1 to P3
notices, the writ petition is filed.
2. Even though, various contentions are raised in the
writ petition, the learned counsel for the petitioners
submitted that, if reasonable time is granted, petitioners
WP(C) NO. 34165 OF 2022
would take necessary steps to settle the transactions with
the KSFE Ltd. The learned Standing Counsel for the KSFE
Ltd. submitted that, as on 31.10.2022 amounts of
Rs. 2,72,22,494/- and Rs.63,20,552/- are remaining due
from the petitioners. Anyhow, when this writ petition was
admitted to the files of this Court, proceedings pertaining to
Exts.P1 to P3 was stayed by this Court, on condition that
petitioner remits an amount of Rs.12,00,000/- on or before
31.12.2022. Today, the learned counsel for the petitioners
submitted that, they could remit only an amount of
Rs. 6,00,000/- (Rupees Six lakhs only) and for payment of
the balance on that account, three more weeks' time is
sought for. The learned Standing Counsel for the KSFE Ltd.
objected to the suggestion made by the petitioners.
3. Heard Sri. T.N. Manoj, learned counsel for the
petitioners and Sri. Salil Narayanan, learned Standing
Counsel for KSFE Ltd. and perused the pleadings and
material on record.
4. The learned counsel for the petitioners submitted
WP(C) NO. 34165 OF 2022
that, even though petitioners have made earnest efforts to
make the payment as per the directions issued by this
Court, they could raise only Rs. 6,00,000/- and seeks three
more weeks' time to pay the balance amount on the basis of
the interim order specified above. Accordingly, there will be
a direction to the petitioners to pay the balance amount of
Rs.6,00,000/- (Rupees Six Lakhs only) on the basis of the
interim order dated 11.11.2022 within three weeks from
today (01.02.2023).
5. The learned Standing Counsel for the KSFE Ltd.
submitted that, petitioners may be directed to pay further
substantial amounts, since huge amounts are due from the
petitioners. There will be a direction to the petitioners to pay
a further amount of Rs. 5,00,000/- (Rupees Five Lakhs only)
within three weeks from the payment of the balance amount
as per the order dated 11.11.2022 as directed above. On
payment of the amount of Rs.5,00,000/- (Rupees Five Lakhs
only) as directed above, the KSFE Ltd. shall receive a
representation from the petitioners as regards the release of
WP(C) NO. 34165 OF 2022
any property provided as security, and to lift the freezing of
the bank account and any other matters and consider the
same, in accordance with law, at the earliest and at any
rate, within a month thereafter. However, I make it clear
that, if the petitioners are not making the payments are
directed above, the KSFE Ltd. will be at liberty to proceed,
in accordance with law.
6. The learned counsel for the petitioners submitted
that, apart from Rs.6,00,000/- paid, an amount of
Rs.94,000/- is transferred from the bank. The said
submission is placed on record for consideration of KSFE
Ltd.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY,
JUDGE.
LU
WP(C) NO. 34165 OF 2022
APPENDIX OF WP(C) 34165/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 11.10.2022
ISSUED BY THE SECOND RESPONDENT AT THE
INSTANCE OF THE FIRST RESPONDENT AND
SERVED ON THE FIRST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 11.10.2022
ISSUED BY THE SECOND RESPONDENT AT THE
INSTANCE OF THE FIRST RESPONDENT AND
SERVED ON THE FIRST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 11.10.2022
ISSUED BY THE SECOND RESPONDENT AT THE
INSTANCE OF THE FIRST RESPONDENT AND
SERVED ON THE 2ND PETITIONER.
// True Copy // PA To Judge
