High Court Kerala High Court

E.V.Varghese vs District Collector on 14 December, 2007

Kerala High Court
E.V.Varghese vs District Collector on 14 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 19026 of 1999(M)



1. E.V.VARGHESE
                      ...  Petitioner

                        Vs

1. DISTRICT COLLECTOR,ERNAKULAM
                       ...       Respondent

                For Petitioner  :SRI.K.P.SREEKUMAR

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :14/12/2007

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.

                       -----------------------------------

                           O.P. No. 19026 of 1999

                             -------------------------

             Dated, this the 14th day of December, 2007


                                 J U D G M E N T

Petitioner is, in this Court a second round, challenging

recovery proceedings initiated for recovery of arrears of loan availed

by a company of which the petitioner was a guarantor for Rs.3.6

lakhs. It is seen from Ext.P4 judgment that petitioner’s claim was

allowed by this Court and this Court directed that recovery against

petitioner should be limited to Rs.3.6 lakhs with interest thereon

based on guarantee furnished by petitioner. Petitioner’s

apprehension, that full amount of above Rs.2.2 crores is proposed

to be recovered from petitioner, is absolutely out of place and if

there is any such move, it is for the petitioner to move contempt of

court case in this Court, as such proposal will be in violation of

Ext.P4 judgment. It is to be noted that petitioner has not come

forward with clean hands to this Court, because petitioner has not

deposited Rs.3.6 lakhs with interest thereon in terms of Ext.P4

judgment, which was issued 8 years back. There is no bona fides in

the original petition filed. This original petition is, therefore,

disposed of with direction to the petitioner to immediately deposit

Rs.3.6 lakhs with interest thereon from the date of demand till date

O.P.NO. 19026/1999

-2-

of payment before the District Collector within a period of one

month from the date of receipt of a copy of this judgment, failing

which, respondents can proceed not only for recovery but also for

initiating contempt of court case against the petitioner before this

Court for violation of above direction. Even though, petitioner has

pleaded limitation, I do not think petitioner is entitled to plead

limitation because the issue is covered by resjudicata by virtue of

Ext.P4 judgment, whereunder this Court held that petitioner is liable

to pay Rs.3.6 lakhs with interest thereon.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg