K.K. ANIRUDHAN v. CHIEF MANAGER

DISTRICT COLLECTOR FIRST FLOOR COLLECTORATE, ALAPPUZHA, PIN - 688001 W.P.(C.) 6255 of 2024 2 5 VILLAGE OFFICER CHERTHALA SOUTH VILLAGE OFFICE, CHERTHALA KANICHUKULANGARA RD, 11TH MILE, CHERTHALA SOUTH, ALAPPUZHA, PIN - 688524 BY ADVS. ADV. VENUGOPAL M.R. S. MUHAMMAD ALIKHAN(K/000644/2020) SMT DHANYA ASHOKAN, SENIOR SC FOR KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) 6255 of 2024 3 JUDGMENT The petitioner states that he has stood as a guarantor in respect of a loan availed by a company by the name ‘M/s. ECORUBBER’. He states that the loan was for a sum of Rs.7 Crores and it was availed towards working capital. It is stated that on account of the Covid pandemic and the recession in business, the loanees could not make regular remittances. Consequently, Exts. P7 and P8 have been issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, to realise the loan amount. It is on these assertions that this writ petition is filed seeking reliefs as under:- i. issue a writ in the nature of mandamus or any other appropriate writ, order or direction calling for the records leading to Exts.P7, P8 and quash the same; ii. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to pass orders as directed in Ext. P5 on P3 before proceeding with further steps based on Exts. P7 and P8 against the petitioner; iii. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to grant OTS and defer further proceedings till such time. W.P.(C.) 6255 of 2024 4

2. When this writ petition came up for consideration on

19.02.2024, this Court after considering the rival submissions had issued the following order:- “Sri. Rajesh Narayanan, the learned counsel appearing for the petitioner, submitted that a sum of Rs. 1 Crore is lying in deposit with the respondents 1 and 2. It is submitted that the petitioner has been informed that the benefits of One Time Settlement can be granted if he remits a sum of Rs. 5 Crores. He asserts that he is prepared to pay a sum of Rs. 25,00,000/- to avail the benefits of the One Time Settlement Scheme.

2. In response, Smt. Dhanya Ashokan, learned counsel appearing for respondents 1 and 2, points out that this is the seventh in a series of writ petitions filed by the petitioner. She points out that two writ petitions are still pending, which are W.P.(C.) Nos. 14658/2023 and 1364/2024. It is pointed out that the total outstanding as of date is Rs. 8.84 Crores. She states that she has instructions to submit that the benefits of One Time Settlement can be granted to the petitioner on condition that the petitioner remits a sum of Rs. 89 lakhs on or before 29.02.2024. It is further pointed out that on an earlier occasion, the unit of the petitioner was taken possession of by respondents 1 and 2 in the year 2019 by exercising the provisions of the Financial Corporation Act and later, on condition that amounts shall be W.P.(C.) 6255 of 2024 5 paid the possession of the unit was handed over. However, the cheques issued by the petitioner have been dishonored. The complaints filed under Section 138 of the Negotiable Instruments Act were sought to be quashed, but the petitions were dismissed by this Court. Highlighting the above aspect, submitted that the intention is to protract proceedings.

3. The learned counsel for the petitioner seeks an adjournment to get instructions from his party.

3. Later when this writ petition came up for consideration on 14.03.2024, the following order was passed:- “This order shall be read in continuation with the order dated 19.02.2024 and 06.03.2024.

2. When the matter came up for consideration on

19.02.2024, serious objection was raised by Smt. Dhanya Ashokan, the learned counsel appearing for respondents 1 and 2 to the grant of any relief to the petitioner. She had pointed out that this is the seventh in a series of writ petitions filed by the petitioner with a view to evading payment to the tune of Rs. 8.84 Crores. It is after considering the submissions advanced by both sides that by an order dated 06.03.2024, this Court had granted the petitioner an opportunity to remit a sum of Rs. 30,00,000/- within a week. This Court had also directed the respondents to defer the initiation of steps to take over the possession of W.P.(C.) 6255 of 2024 6 the property of the petitioner till 14.03.2024.

3. Today, when the matter is taken up, Sri. Rajesh Narayanan, the learned counsel appearing for the petitioner, submitted that the petitioner be granted time till 19.3.2024 to make the payment as ordered.

4. Serious objection is raised by the learned counsel appearing for the respondent.

5. As a last and final measure, the time granted to make payment of Rs.30,00,000/- is extended till

19.03.2024. The interim order granted on 06.03.2024 will stand extended till 19.03.2024. The petitioner shall not be entitled to any further extension. Post on 19.03.2024.”

4. Today when the writ petition is taken up, it is submitted by Smt. Dhanya Ashokan, the learned Senior Standing Counsel appearing for respondents 1 and 2 that in terms of the directions issued by this Court, no amount has been paid. Sri. Rajesh Narayan, the learned counsel submits that he has not been able to make remittances.

5. Based on the submissions made before this Court, indulgence was granted to the petitioner. Despite the grant of repeated opportunities, remittances have not been made. W.P.(C.) 6255 of 2024 7

6. In that view of the matter, I find no reason to grant any further relief. This writ petition is dismissed. DCS RAJA VIJAYARAGHAVAN V JUDGE W.P.(C.) 6255 of 2024 8 APPENDIX OF WP(C) 6255/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 OF COPY TRUE PETITIONER NO.KFC/RECOVERY/10/2021-22 RESPONDENT THE DATED NOTICE ISSUED TO THE 12.4.2021 1ST THE BY TRUE COPY OF THE COMMUNICATION DATED 17.12.2020 NO.KFC/ALP/RECOVERY/377/2020 ISSUED BY THE 1ST RESPONDENT TRUE COPY PETITIONER 20.9.2023 OF BEFORE THE REQUEST SUBMITTED BY THE DATED RESPONDENT 1ST THE TRUE COPY OF THE COMMUNICATION DATED 2.6.21 NO.KFC/ALP/64/2021 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE JUDGMENT DATED 11.10.2023 IN WPC NO.33412/2023 COPY TRUE 9.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR, KFC REQUEST DATED THE OF TRUE COPY OF THE NOTICE ISSUED UNDER S.7 OF THE DATED 2023/3365/04 ACT 23.01.2024 ISSUED BY THE 3RD RESPONDENT NUMBER NO: RRC TRUE COPY OF THE NOTICE ISSUED UNDER S.34 OF THE DATED RRC 23.01.2024 ISSUED BY THE 3RD RESPONDENT 2023/3365/04 NUMBER NO: ACT OF COPY

1.3.2024 TRUE NO:KFC/SARB SZ/010202790/334/2023-24 ISSUED BY THE ASSISTANT GENERAL MANAGER, STRESSED ASSET RECOVERY BRANCH NOTICE DATED THE