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A.Govindaraj

High Court Of Kerala|23 June, 2014
|

JUDGMENT / ORDER

The petitioner is aggrieved by Ext.P6, by which he was directed to remit a sum of ₹1,72,750/- to avail the benefit of one time settlement even though a sum of ₹1,41,000/- was remitted by the petitioner under the Amnesty Scheme.
2. The petitioner availed margin money from the respondent to start an industrial unit in the year 2001. The operation of the unit was unsuccessful due to technical reasons and it was closed down in 2003. The loan availed from the respondent could not be settled by the petitioner due to paucity of funds. After convincing the respondent that no revenue recovery proceedings are pending against the petitioner, the respondent extended the benefit of Amnesty Scheme as suggested by the petitioner in the year 2007. The grievance of the W.P.(C) No. 10114 of 2011 ..2..
petitioner is that after remitting 17 instalments, he contacted the respondent and he was given to understand that the entire money remitted by him was adjusted towards interest and penal interest and this compelled the petitioner to stop payment.
3. Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner would be able to clear off the liability if some concession is given by the respondent.
In the light of the said submission, this Court is of the view that it is only just and proper to permit the petitioner to approach the respondent with a proper representation in the matter.
Therefore, this writ petition is disposed of directing the petitioner to approach the respondent with a proper representation within a period of one month.
In the event of filing such a representation, the same shall be considered and disposed of by the respondent within a period of three months after affording the W.P.(C) No. 10114 of 2011 ..3..
petitioner an opportunity of being heard. Till that exercise is completed, no recovery action shall be initiated against the petitioner.
However, this order will not stand in the way of the petitioner in remitting any of the amount due to the respondent by way of instalments.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-
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Title

A.Govindaraj

Court

High Court Of Kerala

JudgmentDate
23 June, 2014
Judges
  • A V Ramakrishna Pillai
Advocates
  • C Anil Kumar
  • Smt
  • A K Preetha