Biju Paul vs Secretary on 28 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25761 of 2005(P)


1. BIJU PAUL, S/O. PAUL,
                      ...  Petitioner
2. RANI PAUL, W/O.PAUL,

                        Vs



1. SECRETARY, KHADI AND VILLAGE INDUSTRIES
                       ...       Respondent

2. SPECIAL TAHSILDAR, REVENUE RECOVERY,

3. STATE OF KERALA,

                For Petitioner  :SRI.PEARLY JOSE

                For Respondent  :SRI.V.V.JOSHI, SC, KHADI BOARD

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :28/07/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                      W.P.C. NO. 25761 OF 2005
                  --------------------------------------------
                 Dated this the 28th day of July, 2008

                                JUDGMENT

Petitioner is challenging recovery proceedings for recovery of

arrears due to the Khadi Board. This Court passed various interim

orders directing the petitioner to pay substantial portion of the loan

amount as the loan was admitted. However, standing counsel for the

Khadi Board submitted that the petitioner has not complied with

interim directions, even though some payments were made. Loan is

admitted and the prayer in the Writ Petition is only for incentives

through Ext.P3 representation filed by the petitioner. W.P. is

accordingly closed directing the respondents to waive penal interest

and default interest provided petitioner clears the entire arrears with

compound interest if it is payable before within two months from now.

If the petitioner undertakes to pay net liability as above, then on

production of a copy of this judgment and letter of undertaking by the

petitioner, which should be done within three weeks from now, first

respondent will grant incentives as above and give a statement of

balance liaibility after crediting the payments already made. If the

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petitioner settles liability as above, no collection charges will be

recovered from the petitioner. However, if no undertaking is furnished

within three weeks from now, along with a copy of this judgment,

respondents can proceed for recovery through recovery proceedings

after two weeks from now. If the petitioner furnishes undertaking and

then does not make payment within two months as stated above, then

there will be direction to the petitioner to surrender his property to the

second respondent for sale in public auction and the property will be

sold in public auction after two months, and for failure on the part of

the petitioner, respondents can move this Court for contempt. This

judgment will not bar petitioner from availing better sheme, if any,

introduced for settlement of liability under OTS scheme.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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