FEDERAL BANK LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The above writ petition is filed with following prayers:

(2.) The petitioner in this case is the "Federal Bank Limited", a Banking Company within the meaning of the Companies Act, 2013 and functioning as a Banking Company with its registered office at Alwaye and having its branches at various places including a Loan Collection and Recovery Department at Thrissur District in Kerala. The petitioner is represented by its Vice President and Divisional Head of the Loan Collection and Recovery Department, Thrissur. The petitioner is aggrieved by Ext.P1 Circular issued by the District Collector, Thrissur District directing the revenue officials not to initiate revenue recovery proceedings for loans wherein the amounts defaulted is above Rs.10.00 lakhs. According to the petitioner, the aforesaid circular is issued on a miscomprehension of the law laid down by this Court in Ext.P3 judgment. The short point raised by the petitioner is that, after Exhibit P4 notification issued by the Central Government invoking the powers under sub-sec. (4) of Sec. 1 of The Recovery of Debts and Bankruptcy Act, 1993 (for short 'the Act 1993'), the power of the Debt Recovery Tribunal to entertain an application is only when the amount is more than Rs.20.00 lakhs and upto Rs.20.00 lakhs the bank is entitled to recover the same under Revenue Recovery Act.

(3.) Heard Adv.Mohan Jacob George for the petitioner bank and the Government Pleader for the respondents.