Kerala High Court
Neelambari Resorts Pvt.Ltd vs Kerala Financial Corporation on 19 June, 2009
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY,THE 10TH DAY OF NOVEMBER 2014/19TH KARTHIKA, 1936
WP(C).No. 24696 of 2014 (J)
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PETITIONER:
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NEELAMBARI RESORTS PVT.LTD, A-34,
VRINDAVAN COLONY, GOLF LINKS ROAD,
CHEVAYUR CALICUT 673017,
BY DIRECTOR, KKS NAMBIAR
BY ADVS.SRI.P.RAGHUNATH
SRI.PREMJIT NAGENDRAN
RESPONDENT(S):
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1. KERALA FINANCIAL CORPORATION,
VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. CHIEF MANAGER,
KERALA FINANCIAL CORPORATION,
MALABAR PALACE, GH ROAD,
CALICUT - 673 002.
BY SRI.T.V.GEORGE, SC, KFC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 24696 of 2014 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : PHOTOCOPY OF LETTER DATED 19-06-2009 ISSUED BY THE SECOND
RESPONDENT DEMANDING IMMEDIATE CLOSURE OF ACCOUNT.
EXHIBIT P2 : PHOTOCOPY OF THE NOTICE U/S 29 OF SFCS ACT DATED 25-07-2008
PROPOSING TAKE OVER.
EXHIBIT P3 : PHOTOCOPY OF LETTER FROM SECOND RESPONDENT INTIMATING
TAKE - OVER OF UNIT DATED 25-09-2008.
EXHIBIT P4 : PHOTOCOPY OF PUBLICATION DATED 18-02-2009 RE-AUCTION SALE
OF UNIT ON 05-03-2009.
EXHIBIT P5 : PHOTOCOPY OF LETTER DATED 01-04-2009 INTIMATING THAT
SALE WILL BE CONFIRMED AGAINST THE HIGHEST OFFER OF
RS.350 LAKHS.
EXHIBIT P6 : PHOTOCOPY OF LETTER DATED 03-10-2009 FROM
SECOND RESPONDENT TO PETITIONER.
EXHIBIT P7 : LETTER DATED 11-11-2009 FROM PETITIONER TO SECOND
RESPONDENT SEEKING REFUND OF EXCESS AMOUNT COLLECTED
AGAINST SALE.
EXHIBIT P8 : PHOTOCOPY OF THE LETTER DATED 08-11-2011 OFFERING WAIVER
OF PENAL INTEREST.
EXHIBIT P9 : CERTIFICATE DATED 17-11-2011 DECLARING CLOSURE OF LOAN.
EXHIBIT P10 : STATEMENT OF ACCOUNTS RELATING TO THE LOAN.
EXHIBIT P11 : PHOTOCOPY OF THE LETTER DATED 10-07-2014 SENT BY
PETITIONERS TO RESPONDENTS SEEKING RECTIFICATION OF
MISTAKES IN ACCOUNTS.
RESPONDENT(S)' EXHIBITS: - NIL
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/TRUE COPY/
P.S. TO JUDGE
mbr/
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.24696 OF 2014
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Dated this the 10th November, 2014
J U D G M E N T
The petitioner has approached this Court with the following prayers:
"A. issue a writ of mandamus directing the second respondent to rectify the mistakes in the Statemernt of accounts as pointed out in Ext.P11 representation B. issue a writ of mandamus directing the second respondent to refund the excess amount collected from the petitioner C. pass such other orders as the petitioners may pray for and this Honble Court may deem fit to grant in the circumstances of the case D. Awad costs of the petitioners."
2. The grievance of the petitioner is that Ext.P11 representation for rectification of the mistakes in Ext.P10 statement of accounts is still to be acted upon. When the case is taken up for consideration, the only prayer pressed before this Court is for issuance of a direction to the Second respondent/Chief Manager, KFC to consider and finalise Ext.P11 within a reasonable time.
3. Heard the learned Standing Counsel for the respondents. W.P.(C)No.24696 OF 2014 2
4. Considering the limited nature of relief pressed before this Court, it is not necessary to go into the merits of the case. Accordingly, the writ petition is disposed of directing the SECOND respondent/Chief Manager, KFC to consider and finalise Ext.P11 at the earliest, after affording an opportunity of hearing to the petitioner; which shall be done at the earliest; at any rate, within six weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk