Central Avenue vs the Managing Director

Central Avenue vs The Managing Director

Type Court Judgment Court Kerala Decided Aug 03, 2022

~3 min read

https://sooperkanoon.com/case/1441887

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1441887
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Aug 03, 2022
Case Number: WP(C)/759/2021

Parties & Advocates

Appellant / Petitioner

Central Avenue

Respondent

The Managing Director

Excerpt

.....court on the same day delivered the following:judgmentdated this the 03rd day of august, 2022 the writ petition is filed challenging ext.p6 demand notice, issued by the kerala financial corporation under section 29 of state financial corporations act. 2.while admitting the writ petition, this court directed the petitioner to deposit 10 % of the amount due, for proving the petitioner's bonafides. it is informed that the petitioner has not remitted the amount. learned counsel for the petitioner submits that, under the then prevailing circumstances, it was impossible for the petitioner, a hotelier, to deposit any amount. even then, an amount of rupees twenty lakhs was deposited by the petitioner. 3.it is submitted that, taking into account the impact of covid 19 and the resultant lock down, an adalat had been conducted, in which the petitioner also participated. as opined in the adalat, the petitioner submitted re-structured proposal for repayment before the kerala financial corporation.4. learned standing counsel for the keralafinancial corporation submitted that no leniency can be shown in the petitioner's case, since the direction issued by this court is not complied with. i find merit in the above submission. the writ petition is hence closed, leaving it open the petitioner to approach the kerala financial corporation seeking consideration of the proposal for repayment. sd/- v.g arun judge sj appendix of wp(c) 759/2021 petitioner exhibits exhibit p1 true copy of the plaint in os 329/2017filed by lakshmi tradib jayapal and nithyan gireesh who are the daughter and son of m n gireesh before the munsiff, kannur.exhibit p2 true copy of the written statement filed in os 329/2017 before the additional munsiff court, kannur. exhibit p3 true copy of the sale notice no, dr.186/18/rr/kfc/knr dated 7/2/2020 issued by the 3rd respondent. exhibit p4 true copy of the notice dated 3.11.2020 no.020268410/263/20 issued by the 2nd exhibit p5 true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944 PETITIONER/S: CENTRAL AVENUE NEAR SUBWAY, THAVAKKARA, KANNUR-2, REPRESENTED BY ITS MANAGING PARTNER, DR M N GIREESH, AGED 66 YEARS, S/O M N BHARATHAN, N S HOUSE, CHIRAKKAL P O, KANNUR-670011. ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) RESPONDENT/S: 1 THE MANAGING DIRECTOR HEAD OF OFFICE, VELLAYAMBALAM, TRIVANDRUM-695033. 2 THE BRANCH MANAGER BRANCH OFFICE, CHANDROTH COMPLEX, NETHAJI ROAD, 3 THE DEPUTY TAHSILDAR (R R) SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN OTHER PRESENT: GP P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 03rd day of August, 2022 The writ petition is filed challenging Ext.P6 demand notice, issued by the Kerala Financial Corporation under Section 29 of State Financial Corporations Act. 2.While admitting the writ petition, this court directed the petitioner to deposit 10 % of the amount due, for proving the petitioner's bonafides. It is informed that the petitioner has not remitted the amount. Learned counsel for the petitioner submits that, under the then prevailing circumstances, it was impossible for the petitioner, a hotelier, to deposit any amount. Even then, an amount of Rupees Twenty Lakhs was deposited by the petitioner. 3.It is submitted that, taking into account the impact of Covid 19 and the resultant lock down, an Adalat had been conducted, in which the petitioner also participated. As opined in the Adalat, the petitioner submitted re-structured proposal for repayment before the Kerala Financial Corporation.

4. Learned Standing Counsel for the Kerala

Financial Corporation submitted that no leniency can be shown in the petitioner's case, since the direction issued by this Court is not complied with. I find merit in the above submission. The writ petition is hence closed, leaving it open the petitioner to approach the Kerala Financial Corporation seeking consideration of the proposal for repayment. Sd/- V.G ARUN JUDGE SJ APPENDIX OF WP(C) 759/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 329/2017

FILED BY LAKSHMI TRADIB JAYAPAL AND NITHYAN GIREESH WHO ARE THE DAUGHTER AND SON OF M N GIREESH BEFORE THE MUNSIFF, KANNUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED IN OS 329/2017 BEFORE THE ADDITIONAL MUNSIFF COURT, KANNUR. EXHIBIT P3 TRUE COPY OF THE SALE NOTICE NO, DR.186/18/RR/KFC/KNR DATED 7/2/2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 3.11.2020 NO.020268410/263/20 ISSUED BY THE 2ND EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 25.12.20 BEFORE THE CHIEF MINISTER OF KERALA. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 5.1.2021 NO.020268410/734/2021 ISSUED BY THE 2ND EXHIBIT P7 TRUE COPY OF THE LETTER REF.NO-G4- THE DISTRICT COLLECTOR, KANNUR ALONG WITH THE PETITION FILED BY THE PETITIONER.

Same Court & Year Kerala · 2022 Same Parties Central Avenue vs The Managing Director Same Judge Honourable Mr.Justice V.G.Arun