IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29563 of 2010(U)
1. K.MANOJKUMAR, AGED 35 YEARS,
... Petitioner
2. ABIDA SALAM, AGED 50 YEARS,
3. R.KRISHNA PILLAI,
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
2. THE DEPUTY TAHSILDAR(REVENUE RECOVERY),
For Petitioner :SRI.K.A.MANZOOR ALI
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :28/09/2010
O R D E R
C.K.ABDUL REHIM, J
---------------------------
W.P(C) No.29563 of 2010-U
Dated----------------------------2010.
this the 28th day of September,
J U D G M E N T
Petitioners are aggrieved by coercive steps initiated under the
provisions of the Kerala Revenue Recovery Act, on issuing Ext.P2
notice. The first petitioner availed a loan from the first respondent
Bank for business purposes. Petitioners 2 and 3 are the guarantors.
Consequent to default committed in repayment, the first respondent
had filed a suit before the Sub Court, Alappuzha, as
O.S.No.14/2010. It is stated that the amount claimed in the suit is
Rs.5,54,143/-. The suit as well as the application for attachment is
pending decision before the Civil Court.
2. Grievance of the petitioners is that during pendency of
the civil suit, revenue recovery steps were initiated at the behest of
the first respondent, and the impugned notices under Section 7 of
the Kerala Revenue Recovery Act was issued. It is contended by the
petitioners that initiation of parallel proceedings of recovery is not
sustainable. It is trite law by this time that pendency of a civil suit is
not a bar for invoking provisions of Revenue Recovery Act, if the
W.P(C) No.29563 of 2010-U 2
debt is one recoverable under the said Act or by virtue of
notification issued under Section 71 of the said Act. Therefore I am
not inclined to entertain this writ petition on the merits to restrain
the proceedings.
3. However, learned counsel for the petitioners submitted
that the petitioners are ready and willing to pay off the arrears
despite pendency of the civil suit, provided a reasonable time is
granted for payment of the amount in instalments. Eventhough
interference on merits is not at all warranted, I am inclined to grant
relief in permitting payment of the amount in instalments within a
reasonable time, without prejudice to rights of the first respondent
to pursue the civil suit.
4. Accordingly, the writ petition is disposed of restraining
the second respondent from taking any coercive steps pursuant to
Ext.P2 notice, provided the petitioners make payment of the amount
demanded along with future interest and expenses if any due, in 10
(ten) equal monthly instalments, falling due on or before
15.10.2010 and on or before the 15th day of succeeding months.
5. It is made clear that on the event of default in payment
of any of the instalments the respondents will be free to proceed
W.P(C) No.29563 of 2010-U 3
with further steps. It is further made clear that the above relief is
granted subject to the condition that the petitioners are precluded
from raising any subsequent challenge against such proceedings,
either before this Court or before any other forum.
Sd/-
C.K.ABDUL REHIM
JUDGE
//True Copy//
P.A to Judge
ab