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High Court of KeralaWP(C)/20507/2015disposed of

Abul Razak v. The Managing Director,Kfc

2015-07-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 20507 of 2015 (K) --------------------------------------- PETITIONER(S):

---------------------- ABUL RAZAK, AGED 48 YEARS, S/O. ABDUL RAHIMAN MUSLIAR, NAZEEMA MANSIL NEAR BADARIYA JUMA MASJID, VEMANJOOR, P.O. MANJESWARAM, KASARAGOD.

BY ADVS.SRI.C.A.NAVAS SRI.T.K.SASIKUMAR RESPONDENT(S):

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

1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, HEAD OFFICE, THIRUVANANTHAPURAM-695001.

2. THE CHAIRMAN, KERALA FINANCIAL CORPORATION, HEAD OFFICE, THIRUVANANTHAPURAM-695001.

3. THE CHIEF MANAGER, THE KERALA FINANCIAL CORPORATION, REGIONAL OFFICE CALICUT-675002.

4. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KASARAGOD, KASARAGOD DISTRICT-670001.

5. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, KASARAGOD, KASARAGOD DISTRICT-670001.

6. THE VILLAGE OFFICER, VENGARA MANJESWARAM, MANJESWARAM TALUK, KASARAGOD DISTRICT-670001.

R1-4 BY SRI.T.V.GEORGE, SC R5,6 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 20507 of 2015 (K) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE BANK STATEMENT DATED 18/8/14 P2:

COPY OF THE BANK STATEMENT DATED 18/8/14 P3:

COPY OF THE REVENUE RECOVERY NOTICE NO.DR.4/2015/RR/KFC/KSGD/443 DATED 5/6/15 UNDER SECTION 7 OF RR ACT ISSUED TO THE PETITIONER P4:

COPY OF THE REVENUE RECOVERY NOTICE NO.DR.4/2015/RR/KFC/KSGD/443 DATED 5/6/15 UNDER SECTION 34 OF RR ACT ISSUED TO THE PETITIONER P5:

COPY OF THE REVENUE RECOVERY NOTICE NO.DR.4/2015/RR/KFC/KSGD/443 DATED 5/6/15 UNDER SECTION 7 OF RR ACT ISSUED TO THE PETITIONER'S WIFE P6:

COPY OF THE REVENUE RECOVERY NOTICE NO.DR.4/2015/RR/KFC/KSGD/443 DATED 5/6/15 UNDER SECTION 34 OF RR ACT ISSUED TO THE PETITIONER'S WIFE P7:

COPY OF THE REPRESENTATION DATED 3/7/15.

RESPONDENTS' EXHIBIT ------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.20507 of 2015 ----------------------------------- Dated this the 8th day of July, 2015

J U D G M E N T

The petitioner availed two loans from the 4th respondent institution in the year 2011. The petitioner made Ext.P7 request before the 1st respondent for One Time Settlement Scheme. The petitioner's only prayer before this Court is that, the 4th respondent may be directed to consider his request for the benefit of One Time Settlement Scheme. The petitioner also has been threatened with revenue recovery proceedings.

2. The learned counsel for the institution submits that, the arrears is around 57 lakhs and the liability is more than 72 lakhs. ₹ ₹

3. Considering the facts and circumstances of the case, the 1st respondent is directed to communicate the amount to be deposited for consideration of Ext.P7 to the petitioner within a period of one week from the date of receipt of a copy of this judgment. Thereafter, based on the deposit of the amount, the application shall be considered within a further period of one month. To enable the petitioner to work out above reliefs, all revenue recovery proceedings against the petitioner shall be deferred for a period of six weeks.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

AV