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Suku.P.J

High Court Of Kerala|05 November, 2014
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JUDGMENT / ORDER

The petitioner availed financial assistance from the second respondent/Kerala State Development Corporation for Scheduled Caste and Scheduled Tribes Ltd, by way of an agricultural loan to the tune of Rs.1.5 lakhs. Repayment could not be effect promptly, pursuant to which coercive proceedings were taken under the Revenue Recovery Act. The petitioner approached the Government whereupon, the petitioner was permitted to liquidate the liability as per Ext.P2 satisfying 10% of the outstanding liability and the balance by way of 50 equal monthly installments. Admittedly, there occurred default again, though partial payment was effected. This led to further coercive proceedings, which made the petitioner to approach this Court.
2. The learned Counsel for the petitioner submitted that the petitioner was ready to clear the entire liability by way of installments, which however was not accepted by the concerned respondent. Hence the petitioner is constrained to approach this W.P.(C)No.27361 OF 2014 2 Court. When the matter came up for Admission, the petitioner was directed to satisfy Rs.20000/-, which is stated as complied with.
3. The learned Counsel for the second respondent submits that the total outstanding liability as stated in Ext.P6 is Rs.95980/- plus interest and such other costs, which nearly comes to Rs.1.29 lakhs. The learned Counsel for the petitioner submits that the petitioner is ready to clear the entire liability provided some breathing time is given in this regard.
4. In the above circumstance, the petitioner is permitted to clear the entire liability, after giving credit to the amount of Rs.20,000/- satisfied by the petitioner and such other payments, if any, effected already, by way of '8' equal monthly installments, the first of which shall be cleared on or before 30.11.2014, followed by similar installments to be effected on or before 30th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to W.P.(C)No.27361 OF 2014 3 proceed with further steps for realisation of the entire amount in a lump, from the stage where it stands now.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk
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Title

Suku.P.J

Court

High Court Of Kerala

JudgmentDate
05 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri