Kerala High Court
Mariyumma vs Branch Manager, Kerala Financial ... on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 23090 OF 2023
PETITIONER:
MARIYUMMA,
W/O THAHA MULLALI, AGED 48 YEARS, "ZAYAN", NEAR KRISHNA
BHAVAN, KANNAPURAM VILLAGE, CHERUKUNNU P.O, KANNUR
DISTRICT, PIN - 670301
BY ADV K.K.JYOTHILAKSHMY
RESPONDENTS:
1 BRANCH MANAGER, KERALA FINANCIAL CORPORATION,
BRANCH OFFICE, URBAN SQUARE, KANNUR UNIVERSITY ROAD,
THAVAKKARA, KANNUR DISTRICT, PIN - 670001
2 GENERAL MANAGER
KERALA FINANCIAL CORPORATION, KOZHIKODE, PIN - 673001
BY ADV.
SRI.M.R.VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.23090 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No.23090 of 2023
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Dated this the 14th day of July, 2023
JUDGMENT
The above writ petition is filed with the
following prayers:
"1. By way of Writ of Mandamus or
certiorari or any other Writ directing the
Respondent Bank to consider Exhibit P2 request
for One time settlement in order to close the
loan account
2. By way of Writ of Mandamus or
certiorari or any other Writ directing the
Respondent Bank not to take any further action
in pursuance of Exhibit P1, Revenue Recovery
Notice No.020280710/3/90/91, dated
30.06.2023 for an amount Rs.84, 87, 258.00
3. Any other relief or reliefs as this
Honourable court deem fit and proper"[SIC]
WP(C) NO.23090 OF 2023
2. Petitioner availed a loan of Rupees
Seventy five lakhs from the 1st respondent in the
year 2020 for the purpose of starting a furniture
business. It is the case of the petitioner that, due
to the financial difficulty, there was default in
repaying the amount and the establishment of the
petitioner was closed during that period.
According to the petitioner, he paid an amount of
Rs.16,60,000/- till date. Without considering these
aspects, 1st respondent issued Ext.P1 revenue
recovery notice for recovering an amount of
Rs.84,87,258/-, is the submission. After receipt of
Ext.P1, petitioner submitted Ext.P2 request before
the 2nd respondent for considering one time
settlement. The grievance of the petitioner is that
the same is not considered and the recovery
WP(C) NO.23090 OF 2023
proceedings is continuing. Hence this Writ petition
is filed.
3. Heard the learned counsel appearing for
the petitioner and the learned Standing counsel
appearing for the respondents.
4. After hearing both sides, I think this writ
petition itself can be disposed of directing the 2 nd
respondent to consider Ext.P2 within a time frame
and till then the recovery proceedings can be
deferred. I make it clear that, I have not
considered the matter on merit and the 2 nd
respondent is free to pass appropriate orders in
accordance with law.
Therefore, this writ petition is disposed of in
the following manner:
i. The 2nd respondent is directed to
WP(C) NO.23090 OF 2023
consider and pass appropriate orders in Ext.P2,
after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any rate,
within a period of one month from the date of
receipt of a certified copy of this judgment.
ii. Till final orders are passed in Ext.P2 and
the decision is communicated to the petitioner, the
recovery proceedings against the petitioner shall
be deferred.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO.23090 OF 2023
APPENDIX OF WP(C) 23090/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF REVENUE RECOVERY
NOTICE NO.020280710 /3/90/91,
DATED 30.06.2023 FOR AN AMOUNT
RS.84,87,258.00.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION,
DATED 07.07.2023 SUBMITTED BEFORE
THE 2ND RESPONDENT BY THE
PETITIONER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
