Kerala High Court
1) Shobhaparvathyajith Consultants ... vs Kerala Financial Corporation (Kfc) on 13 April, 2023
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 14039 OF 2023(D)
PETITIONERS:
1. SHOBHA PARVATHY AJITH CONSULTANTS ENGINEERS AND BUILDING PVT LTD.,
T.C.NO.11/1535-1, KAUSTHUBHAM, CLIF HOUSE ROAD, DEVASOM BOARD,
JUNCTION, KAWDIAR P.O., PIN - 695003 REPRESENTED BY ITS MANAGING
DIRECTOR, AJITHKUMAR, AGED 48, S/O K.SASIDHARAN NAIR,
T.C.NO.11/1535-1, KAUSTHUBHAM, CLIF HOUSE ROAD, DEVASOM BOARD,
JUNCTION, KAWDIAR P.O., PIN - 695003
2. SHOBHAAJITH, W/O AJITHKUMAR, AGED 45 YEARS, DIRECTOR OF
SHOBHAPARVATHYAJITH CONSULTANTS ENGINEERS AND BUILDING PVT LTD.,
T.C.NO.11/1535-1, KAUSTHUBHAM, CLIF HOUSE ROAD, DEVASOM BOARD,
JUNCTION, KAWDIAR P.O., PIN - 695003
RESPONDENTS:
1. M/S.KERALA FINANCIAL CORPORATION, VELLIYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695033 REPRESENTED BY ITS CHIEF MANAGER,
2. CHIEF MANAGER, THIRUVANANTHAPURM BRANCH, M/S KERALA FINANCIAL
CORPORATION, VELLIYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order directing the respondents not to initiate
any coercive steps against the petitioners project, Ruby Mansion,
Maruthoor in Trivandrum District pending final disposal of this Writ
Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE along with M/S.SOORAJ THOMAS,
RENOY VINCENT, HELEN P.A., SHAHIR SHOWKATH ALI & ATHUL ROY, Advocates for
the petitioners, the court passed the following:
SHAJI P.CHALY, J.
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W.P.(C). No. 14039 of 2023
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Dated this the 13th day of April, 2023
ORDER
In fact, the very same petitioner has filed W.P.(C) No.25667/2020 before this Court seeking identical reliefs. On 21.12.2022, a learned Single Judge of this Court has passed the following order in the said writ petition.
"Learned Standing Counsel for the KFC submits that the petitioner's land and building was taken possession under Section 29 of the State Financial Corporations Act, 1951 Act and the total outstanding is about Rs.6 Crores. Later, based on a compromise, the custodial agreement was executed and the property was given back to the petitioner's possession, subject to the condition that the petitioner should remit Rs.1 Crore on or before 31.12.2022. So far the petitioner has remitted only Rs.50,000,00/-. Unless the balance amount is remitted by 31.12.2022, the KFC will be constrained to take back possession of the property. It is also submitted that up to 31.12.2022, the petitioner can settle the loan account under One Time Settlement Scheme. This is recorded."
2. Anyhow, out of the amount directed to be paid, petitioner has W.P.(C). No. 14039 of 2023 -2- remitted only Rs.50 lakhs. Even though extension was granted, the balance amount of Rs.50 lakhs was not paid. The said writ petition was dismissed for default on 04.04.2023, since there was no representation for two consecutive days.
3. Anyhow, learned Counsel for the petitioner submitted that petitioner may be permitted to pay the balance amount of 50 lakhs on or before 30.05.2023, which is stoutly opposed by the learned Counsel for the Kerala Financial Corporation.
4. Taking into consideration the submissions made in the new writ petition, there will be a direction to the petitioner to remit an amount of Rs.25 lakhs on or before 30.04.2023, and the balance amount of Rs.25 lakhs on or before 10.05.2023. The notice issued by the Kerala Financial Corporation under Section 29 of the SFC Act, will remain suspended on the above said condition.
Sd/-
SHAJI P.CHALY JUDGE uu 13.04.2023 13-04-2023 /True Copy/ Assistant Registrar