SUBRAHMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has approached this Court challenging the revenue recovery proceedings initiated against him for the recovery of certain amounts due to the Indian Overseas Bank. The petitioner was a guarantor in respect of a loan extended to the 4th respondent. It is the case of the petitioner in the writ petition that the revenue recovery proceedings are barred by limitation.

(2.) A statement was filed by the 3rd respondent where it is stated that there is no question of the recovery proceedings being barred by limitation, as there was an acknowledgement of debt for the purposes of Sec. 18 of the Limitation Act, 1963. Reference is made in this regard to Exts.R3(b) and R3(c). Ext.R3(b) is dtd. 24/11/2014 and Ext.R3(c) is dtd. 13/12/2012. Ext.R3(b) is executed by the borrower, while Ext.R3(c) is executed by the petitioner. It is not disputed that if the date of Ext.R3(c) acknowledgement of debt by the petitioner is taken into consideration, the revenue recovery proceedings are not barred by limitation. It is also pointed out that the personal guarantee executed by the petitioner clearly indicates that any acknowledgement by the principal debtor in relation to the subject matter of the guarantee shall be binding on the guarantor also. Therefore, it is not possible for this Court to hold that the proceedings under the Kerala Revenue Recovery Act, 1968, initiated against the petitioner are barred by limitation.

(3.) The learned counsel appearing for the petitioner then contended on the strength of the judgment of a learned Single Judge of this Court in Sam J. Mathew v. Deputy Tahsildar (RR); 2019 (3) KLT 641, that the revenue recovery proceedings are barred on account of the provisions contained in the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as the 'SARFAESI Act'). It is submitted that for the same reasons as found in the judgment of this Court in Sam J. Mathew (Supra) and in the light of the provisions contained in the SARFAESI Act, the revenue recovery proceedings would be barred.