IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9482 of 2006(D)
1. A.R.RAMA KAMATH, ALUNGAPARAMBIL HOUSE,
... Petitioner
Vs
1. THE KERALA STATE FINANCE ENTERPRISES
... Respondent
2. THE SENIOR MANAGER, BRANCH OFFICE,
3. THE SPECIAL DEPUTY TAHSILDAR,
For Petitioner :SRI.V.C.JAMES
For Respondent :SRI.A.K.JOHN, ADDL.SC., KSFE LTD.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :14/08/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.9482 of 2006
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Dated this the 14th day of August, 2008.
JUDGMENT
The W.P. was filed more than two years back challenging recovery
proceedings for recovery of arrears due from petitioner to KSFE. The
petitioner’s case is that loan is covered by property security and sale of
property secured which is located in the town, will serve the purpose of
recovery. This court on 29.3.2006 though granted stay against personal
recovery against the petitioner and permitted respondents to proceed for sale
of the mortgaged property, so far there is no confirmation from the
respondents as to what happened pursuant to the interim order. If loan is
covered by property security, then there will be direction to the respondents
to sell the said property first and proceed for recovery against the petitioner
only if there is any outstanding arrears. It is open to the petitioner to
arrange for sale of the property by himself, if it is not already sold and settle
liability and in that event, attachment and mortgage will be lifted after
liability is settled. The W.P. is disposed of as above.
C.N.RAMACHANDRAN NAIR
Judge
pms