SYNDICATE BANK Vs. S.S. SHERIFF AND ORS.

JUDGEMENT

(1.) A public sector bank has come up in appeal feeling aggrieved about the judgment dated 7 -1 -2005 rendered in O.P. No. 5184 of 2001. The bank was the 4th respondent therein, and had advanced a loan to the petitioner in the Original Petition (1st respondent herein), When the repayment was not forthcoming, they had filed a suit and obtained a decree on 20 -5 -1989. E.P. No. 95 of 1991 thereafter had been filed and it is pending before the Sub -Court, Kottarakkara. Revenue recovery proceedings were initiated against the petitioner thereafter. A copy of the notice issued in the year 2001 shows the amount of arrears as Rs. 3,44,021/ -, which is produced as Ext. P2.

(2.) SUCH proceedings had been subjected to challenge by the petitioner, contending that after obtaining a decree it was impermissible to proceed with fresh steps of revenue recovery. It was also urged that the bank loan was time barred to be recovered under the Revenue Recovery Act and therefore the proceedings were to be interdicted.

(3.) MR . R.S. Kalkura, appearing on behalf of the appellant -Bank submits that in Kuttappan's case (cited supra), the same issue had come up for consideration and the learned Judge at that time had also noticed the presence of the Supreme Court judgment in Andhra Pradesh State Financial Corporation's case, but was of the view that since the point is covered by a Full Bench decision of this Court in Kerala Fisheries Corporation v. P.S. John, 1996 (1) KLT 814, the objection made on such lines would not have been sustainable. According to him, the learned Judge erred in sidelining the decision of the Kerala High Court and had sought to rely on a Supreme Court judgment, which dealt with an altogether different legal proposition.