IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2786 of 2009(F)
1. V.C.KRISHNAN ACHARI
... Petitioner
Vs
1. DEPUTY COLLECTOR (RR), KSFE LTD.
... Respondent
For Petitioner :SRI.P.VIJAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :27/01/2009
O R D E R
K.M.JOSEPH, J.
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WP.(C) No. 2786 of 2009
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Dated this the 27th day of January, 2009
JUDGMENT
Petitioner availed a loan. It was not repaid. Petitioner
challenges Ext.P5. Ext.P5 is a sale notice. Petitioner filed Ext.P1
insolvency petition on the file of the Subordinate Judge’s Court,
Pathanamthitta and he obtained an order against recovery. It is pointed out
that the insolvency petition was dismissed for default on 29.11.2008 and
thereafter the petitioner has filed an application for restoration as Ext.P4 and
in the meantime Ext.P5 sale notice is issued.
2. I heard learned counsel for the petitioner and learned
counsel appearing on behalf of the third respondent besides the learned
Government Pleader.
3. It is pointed out by the learned counsel for the petitioner that
there is an order from 2001 and it is only because the case was dismissed for
default, Ext.P5 is issued and petitioner already moved an application for
restoration.
Having considered the situation, the proceedings pursuant to
Ext.P5 is deferred to 18.2.2009. Learned counsel for the petitioner submits
that the petitioner will not raise a contention based on the non-issuance of
WPC. 2786/2009. 2
notice. I also make it clear that it is open to the petitioner to move the civil
court in the meantime for appropriate orders. Further proceedings pursuant
to Ext.P5 will depend upon the orders to be passed by the civil court.
The writ petition is disposed of as above.
(K.M. JOSEPH, JUDGE)
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