IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4796 of 2010(Y)
1. JOHN K.GEORGE, THUNDIL HOUSE,
... Petitioner
Vs
1. AUTHORISED OFFICER,
... Respondent
2. SOUTH INDIAN BANK LTD.,
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :16/02/2010
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C)No.4796 of 2010
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Dated this the 16th day of February, 2010
JUDGMENT
Petitioner approached this court challenging the recovery
proceedings initiated by the respondent Bank invoking the machinery
under the Revenue Recovery Act. When the matter came up for
consideration before this court on 15-2-2010 the coercive steps were
intercepted on condition that the petitioner deposited a sum of
Rs.50,000/- (Rupees Fifty Thousand only) within one week and
another Rs.50,000/- (Rupees Fifty Thousand only) within one week
thereafter. The petitioner has moved I.A.No.2229/2010 as an urgent
matter today along with an affidavit in support thereof stating that the
petitioner is ready and willing to clear the entire sum of Rs.1,00,000/-
(Rupees One Lakh only) today itself so that the sale itself scheduled to
be conducted tomorrow might be adjourned, which otherwise will
invite unnecessary expenses creating further burden upon the
shoulders of the petitioner.
2. Heard the learned counsel appearing for the Bank as well.
3. Obviously as per the interim order dated 15-2-2010 the
confirmation of the sale alone was ordered to be subject to further
orders to be obtained from this court. In view of the specific
W.P(C)No.4796/2010
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averments raised by the petitioner in the I.A. expressing his
willingness to clear the liability of Rs.1,00,000/- (Rupees One Lakh
only) imposed as a condition while granting the interim order, in
modification of the earlier order dated 15-2-2010 this court finds it
sufficient and proper to have finalised the matter after giving
appropriate directions in respect of the cause of action.
4. Accordingly, after hearing both sides, the petitioner is
directed to remit the sum of Rs.1,00,000/- (Rupees One Lakh only)
today or the latest by 11 a.m. tomorrow on which event the sale
scheduled to be conducted tomorrow will stand adjourned. The
balance liability, which is stated as nearly Rs.1.47 lakhs with incidental
charges, if any, shall also be satisfied by the petitioner by way of three
equal monthly instalments, the first of which shall be effected on or
before the 30th of March 2010 to be followed by similar instalments on
or before the 30th of the succeeding months, subject to which all
further coercive steps shall be kept in abeyance. It is also made clear
that if there is any default committed by the petitioner in clearing the
liability, the respondent Bank shall be at liberty to pursue such steps,
from the stage where it stands now, to recover the entire liability in
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lump sum. It is also made clear that the judgment will not stand in
the way of the petitioner from approaching the Bank to have some or
other concessions or reliefs, if any, which shall be considered and
decided by the Bank, to the permissible extent.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON,
Judge
ahg.
P.R.RAMACHANDRA MENON, J.
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W.P.(C)No.4796 of 2010
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JUDGMENT
16th February, 2010