High Court Kerala High Court

Rajasree P.K. vs The State Of Kerala on 24 July, 2008

Kerala High Court
Rajasree P.K. vs The State Of Kerala on 24 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23027 of 2003(N)


1. RAJASREE P.K., W/O. KANAKA PARAMBIL
                      ...  Petitioner
2. GOPAN.K.S., KANAKAPARAMBIL HOUSE,

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DEPUTY TAHSILDAR (R.R), THRISSUR TALUK,

3. THE MANAGER, DHANALAKSHMI BANK LTD.,

4. MR. DEVADAS.M., MANAGING PARTNER,

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN

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

 Dated :24/07/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                       W.P.C. NO. 23027 OF 2003
                  --------------------------------------------
                  Dated this the 24th day of July, 2008

                                JUDGMENT

Petitioners are challenging recovery proceedings for recovery of

loan availed by them from the third respondent under PMRY Scheme

for starting an industry. The case of the petitioners is that the amount

was directly paid by the third respondent to fourth respondent for

supply of machinery for starting the industry. However, after

collecting the amount, fourth respondent did snot supply machinery, is

the case of the petitioners. The case of the fourth respondent is that

repayment was made in instalments and Ext.R4(a) is produced which is

receipt for repayment of Rs. 20,000/- to the second petitioner.

However, second petitioner denied having received the amount from

the fourth respondent. Counsel for the third respondent rightly

submitted that borrower being petitioners, recovery is to be made from

them. Even though DD was taken in the name of the fourth respondent

at the request of petitioners, contract for purchase of machinery is

between the petitioners and fourth respondent. Obviously there is no

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privity of contract between third and fourth respondents and for

contractual violation by the fourth respondent, the remedy is for the

petitioners and not for third respondent. It is also conceded that

petitioners have approached the Consumer Disputes Redressal Forum

and obtained award against the fourth respondent, which they are free

to execute. However, since recovery is permissible from petitioners

and guarantors, W.P. is disposed of directing the second respondent to

proceed for recovery against the petitioners if payment is not made. As

already stated, petitioners are free to execute the award against the

fourth respondent. It will be open to the petitioner to go for settlement

with the Bank and if payment is offered within a reasonable time, bank

will give incentives because petitioners could not start the industry.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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