IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 528 of 2010()
1. M.A.FATHIMA, AGED 40 YEARS,
... Petitioner
2. K.Y.RASHEED, AGED 43 YEARS,FAIRS,
Vs
1. KERALA FINANCIAL CORPORATION, (K.F.C.),
... Respondent
2. THE RECOVERY OFFICER,
For Petitioner :SRI.B.KRISHNA MANI
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMAN
Dated :23/03/2010
O R D E R
J.CHELAMESWAR, C.J. & P.R.RAMAN, J.
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W.A.No.528 of 2010 & W.P.(C) No.8333 of 2010
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Dated this the 23rd day of March, 2010
J U D G M E N T
J.Chelameswar, C.J.
W.A.No.528 of 2010 arise out of an order, dated
17.3.2010, in W.P.(C) No.8333 of 2010. In view of the
agreement reached between the parties, we do not think it
necessary to give a detailed facts of the litigation, except to state
the minimum required for the disposal purpose.
2. The first appellant borrowed certain amounts from
the first respondent herein. The second appellant is one of the
guarantors for the said transaction. On the ground that the
amounts due on the above mentioned date were not paid as
agreed upon, the first respondent Corporation resorted to the
provisions of Section 71 of the Kerala Revenue Recovery Act.
In exercise of the power under the above mentioned Act, house
property of the appellants was attached. Challenging the said
proceedings, appellants herein have approached this Court by
W.A.No.528/2010 & W.P.(C) No.8333/2010
2
way of W.P.(C) No.8333 of 2010. While admitting the above
mentioned writ petition, a learned Single Judge of this Court
directed that pending consideration of the writ petition, the
property seized from the writ petitioners/appellants herein be
handed over to them, on condition that the appellants pay 40%
of the amount due and outstanding to be paid to the first
respondent herein.
3. Complaining that the condition imposed by the
learned Single Judge of payment of 40% of the entire liability is
onerous, the present writ appeal is filed.
4. When the matter is taken up, with the consent of
the parties, writ petition itself was heard. Parties agreed that
both the writ appeal and the writ petition can be disposed of on
recording the undertaking of the appellants that the appellants
would pay the entire amount of demand, i.e., an amount of
Rs.20,76,707/-, due as on 1st of March, 2010, in the following
manner:-
5. That the appellants would pay an amount of
Rs.2 lakhs on or before 5th of April, 2010 and on receipt of the
W.A.No.528/2010 & W.P.(C) No.8333/2010
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same, the first respondent would re-deliver the possession of the
property seized from them. The appellants would pay a further
amount of Rs.3 lakhs on or before 30th of April, 2010, and the
balance in six monthly equal instalments, the first of which
would be due on 30th of May, 2010 and the other on the 30th of
every succeeding months. It is also made clear that the
appellants shall pay the above mentioned amounts either in cash
or by way of Demand Draft. Default in payment of any one of
the instalments, as indicated above, would automatically entitle
the first respondent to resume possession of the property and
proceed with the matter, in accordance with law.
Both the writ petition and the writ appeal are
accordingly disposed of.
J.CHELAMESWAR,
Chief Justice
P.R.RAMAN,
Judge
nj.