High Court Kerala High Court

P.Parameswaran Pillai vs Kerala Financial Corporation on 15 November, 2010

Kerala High Court
P.Parameswaran Pillai vs Kerala Financial Corporation on 15 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30968 of 2010(U)


1. P.PARAMESWARAN PILLAI,LAHAYIL HOUSE,
                      ...  Petitioner
2. K.PANKAJAKSHI AMMA, LAHAYIL HOUSE,
3. K.P.CHANDRASEKHARAN PILLAI,

                        Vs



1. KERALA FINANCIAL CORPORATION,
                       ...       Respondent

2. MANAGER,KERALA FINANCIAL CORPORATION,

3. DEPUTY TAHSILDAR,REVENUE RECOVERY,

                For Petitioner  :SRI.PIRAPPANCODE V.S.SUDHIR

                For Respondent  :SRI.A.A.ABUL HASSAN, SC, KFC

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/11/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 30968 OF 2010 (U)
                =====================

        Dated this the 15th day of November, 2010

                          J U D G M E N T

Petitioners 1 and 2 are defaulters to the 1st respondent.

Among the property mortgaged, a portion has already been sold,

which is yet to be confirmed. The remaining portion is also

scheduled to be sold soon. While so, on the basis that petitioner

No.3 had, in his capacity as power of attorney holder, had made

an application to the Corporation offering to purchase the

property, the writ petition has been filed.

2. Counter affidavit has been filed by respondents 1 and

2. In para 11 of the affidavit, it is stated that even now the

Corporation is ready for a discussion and settlement of the matter

directly with the borrowers and co-obligants without any

intervention of third parties in the matter.

Therefore, it is still open to the borrowers to avail of the

aforesaid opportunity, and in view of this offer, recording the

aforesaid submission and leaving it open to the borrowers to

pursue the matter with the 1st respondent, the writ petition is

disposed of.

ANTONY DOMINIC, JUDGE
Rp