LAWS(KER)-2012-6-434

P K SHANAVAS KHAN Vs. GENERAL MANAGER

Decided On June 08, 2012
P K SHANAVAS KHAN Appellant
V/S
GENERAL MANAGER Respondents

JUDGEMENT

(1.) THE petitioner is challenging the revenue recovery proceedings, particularly by way of Ext.P1 issued by the third respondent seeking to realize a sum of Rs.1,27,445/-(Rupees one lakhs twenty seven thousand four hundred and forty five) plus interest and cost.

(2.) THE case of the petitioner is that he had availed a loan of Rs.50,000/-(rupees fifty thousand) from the first respondent for starting a 'Bakery' under the Margin Money Loan Scheme. But because of some unforeseen circumstances, the business did not flourish and the petitioner had to close down the Bakery. Since there was no repayment to the satisfaction of the respondents, proceedings were taken under the R.R. Act. The request made by the petitioner for waiving interest and to allow easy instalments was not acceptable to the respondents, which made the petitioner to approach this Court by filing this writ petition.

(3.) IN the said circumstances, the petitioner is permitted to clear the remaining liability after giving credit to the sum of Rs.35,000/-(Rupees thirty five thousand) remitted pursuant to the interim order dated 1.6.2011, by way of 'six' equal monthly instalments, the first of which shall be effected on or before the 30th of this month; to be followed by similar instalments to be made by the 30th of the succeeding months. Subject to this, the coercive proceedings being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment as above, it will be open for the respondents to proceed against the petitioner for realization of the entire amount in lump, from the stage where it stands now. Writ petition is disposed of.