High CourtsSingle Bench(2023) 03 KL CK 0298

Saneesh Kumar M vs District Collector, Ciivil Station, Kannur District, Pin 670001

High Court Of Kerala · Decided on 30 March 2023

HON’BLE JUDGES
Murali Purushothaman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 11327 Of 2023

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Judgment

5 paragraphs · 230 words

Murali Purushothaman, J

1.

The petitioner, who is a proprietor of a firm by name MK Enterprises, which is a Micro Small and Medium Enterprises (MSME), had availed a loan from the 4th respondent Bank, which fell in arrears. Pursuant to the default, the 2nd respondent has issued Exts.P1 to P4 demand notices to the petitioner under the Kerala Revenue Recovery Act, 1968 (hereinafter referred to as ‘the Act’ for short). The petitioner, then, filed Ext.P5 application before the 1st respondent under Section 72 of the Act. The limited prayer of the petitioner at this stage is for the disposal of Ext.P5 application filed before the 1st respondent.

2.

Heard the learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the 4th respondent.

3.

In the facts and circumstances of the case, there will be a direction to the 1st respondent to consider Ext.P5 application, after notice to the petitioner and the 4th respondent and pass appropriate orders, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment. Till such time, all further coercive proceedings against the petitioner shall stand deferred. The petitioner shall produce a copy of the writ petition along with the certified copy of the judgment before the 1st respondent.

The writ petition is disposed of with the above direction.