High Court Kerala High Court

John K.George vs Authorised Officer on 16 February, 2010

Kerala High Court
John K.George vs Authorised Officer on 16 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4796 of 2010(Y)


1. JOHN K.GEORGE, THUNDIL HOUSE,
                      ...  Petitioner

                        Vs



1. AUTHORISED OFFICER,
                       ...       Respondent

2. SOUTH INDIAN BANK LTD.,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  : No Appearance

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

 Dated :16/02/2010

 O R D E R
                    P.R.RAMACHANDRA MENON, J.
                --------------------------------------------
                       W.P.(C)No.4796 of 2010
                --------------------------------------------
              Dated this the 16th day of February, 2010

                               JUDGMENT

Petitioner approached this court challenging the recovery

proceedings initiated by the respondent Bank invoking the machinery

under the Revenue Recovery Act. When the matter came up for

consideration before this court on 15-2-2010 the coercive steps were

intercepted on condition that the petitioner deposited a sum of

Rs.50,000/- (Rupees Fifty Thousand only) within one week and

another Rs.50,000/- (Rupees Fifty Thousand only) within one week

thereafter. The petitioner has moved I.A.No.2229/2010 as an urgent

matter today along with an affidavit in support thereof stating that the

petitioner is ready and willing to clear the entire sum of Rs.1,00,000/-

(Rupees One Lakh only) today itself so that the sale itself scheduled to

be conducted tomorrow might be adjourned, which otherwise will

invite unnecessary expenses creating further burden upon the

shoulders of the petitioner.

2. Heard the learned counsel appearing for the Bank as well.

3. Obviously as per the interim order dated 15-2-2010 the

confirmation of the sale alone was ordered to be subject to further

orders to be obtained from this court. In view of the specific

W.P(C)No.4796/2010
-:2:-

averments raised by the petitioner in the I.A. expressing his

willingness to clear the liability of Rs.1,00,000/- (Rupees One Lakh

only) imposed as a condition while granting the interim order, in

modification of the earlier order dated 15-2-2010 this court finds it

sufficient and proper to have finalised the matter after giving

appropriate directions in respect of the cause of action.

4. Accordingly, after hearing both sides, the petitioner is

directed to remit the sum of Rs.1,00,000/- (Rupees One Lakh only)

today or the latest by 11 a.m. tomorrow on which event the sale

scheduled to be conducted tomorrow will stand adjourned. The

balance liability, which is stated as nearly Rs.1.47 lakhs with incidental

charges, if any, shall also be satisfied by the petitioner by way of three

equal monthly instalments, the first of which shall be effected on or

before the 30th of March 2010 to be followed by similar instalments on

or before the 30th of the succeeding months, subject to which all

further coercive steps shall be kept in abeyance. It is also made clear

that if there is any default committed by the petitioner in clearing the

liability, the respondent Bank shall be at liberty to pursue such steps,

from the stage where it stands now, to recover the entire liability in

W.P(C)No.4796/2010
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lump sum. It is also made clear that the judgment will not stand in

the way of the petitioner from approaching the Bank to have some or

other concessions or reliefs, if any, which shall be considered and

decided by the Bank, to the permissible extent.

The writ petition is disposed of as above.

P.R.RAMACHANDRA MENON,
Judge

ahg.

P.R.RAMACHANDRA MENON, J.

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W.P.(C)No.4796 of 2010

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JUDGMENT

16th February, 2010