High Court Kerala High Court

A.N. Saseendran vs Authorised Officer (Chief … on 30 January, 2010

Kerala High Court
A.N. Saseendran vs Authorised Officer (Chief … on 30 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36926 of 2009(I)


1. A.N. SASEENDRAN, S/O. NARAYANAN NAIR,
                      ...  Petitioner
2. P. RAJAN, S/O. RAMAN NAIR,
3. C.T. SREENIVASAN, S/O. KANNAN KUTTY
4. A.N. PREMARAJAN, S/O. NARAYANAN NAIR,

                        Vs



1. AUTHORISED OFFICER (CHIEF MANAGER),
                       ...       Respondent

2. SOUTH INDIAN BANK LIMITED,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :30/01/2010

 O R D E R
                   P.R.RAMACHANDRA MENON, J
                 -----------------------------
                       W.P(C) No. 36926 of 2009-I
                ------------------------------
              Dated this the 28th day of January, 2010.

                           J U D G M E N T

The petitioner is challenging the coercive steps taken by the

respondent bank invoking the machinery under the Kerala Revenue

Recovery Act.

2. When the Writ Petition came up for consideration before

this Court on 21.12.2009, the steps taken by the bank were

intercepted, on condition that the petitioner remitted a sum of

Rs.1.5 lakhs on or before 11.1.2010 and a further sum of Rs.1 lakh

on or before 25.1.2010. The learned counsel for the respondent

bank submits that the condition has been satisfied by the petitioner.

3. The learned counsel for the petitioner submits that the

only relief prayed for in this Writ Petition is confined to enable the

petitioner to wipe off the entire liability by paying the balance

amount on or before 31st of March 2010.

4. Considering the limited nature of relief prayed for,

expressing the willingness to clear the entire outstanding liability

and also taking note of the bonafides on the part of the petitioner

W.P(C) No. 36926 of 2009-I 2

satisfying the condition imposed on time, this Court permits the

petitioner to clear the entire liability by way of ‘two’ equal monthly

instalments; the first of which shall be effected on or before

25.2.2010 and the next one on or before 31.3.2010.

Subject to the above, all the coercive steps stated as being

taken against the petitioner shall be kept in abeyance. It is also

made clear that, if any default is made by the petitioner, the

respondent bank will be at liberty to proceed with further steps, for

realisation of the entire amount in a lump sum, from the stage

where it stands now.

The Writ Petition is disposed of as above.

Sd/-

P.R.RAMACHANDRA MENON
JUDGE

//True Copy//

P.A to Judge

ab

W.P(C) No. 36926 of 2009-I 3