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P.DIVAKARAN NAIR, S/O.PARAMESWARAN versus THE DISTRICT COLLECTOR

High Court of Kerala

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P.DIVAKARAN NAIR, S/O.PARAMESWARAN v. THE DISTRICT COLLECTOR - WP(C) No. 14164 of 2004(J) [2006] RD-KL 3095 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14164 of 2004(J)

1. P.DIVAKARAN NAIR, S/O.PARAMESWARAN
... Petitioner

2. P.SARALAMMA, W/O.DIVAKARAN NAIR,

Vs

1. THE DISTRICT COLLECTOR,
... Respondent

2. THE DEPUTY TAHSILDAR (RR) TALUK OFFICE,

3. THE VILLAGE OFFICER, NAGAROOR VILLAGE

4. THE BRANCH MANAGER, PUNJAB NATIONAL

For Petitioner :SRI.SABU THOZHUPPADAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)

The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)

Dated :11/12/2006

O R D E R

M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) &

M.R.HARIHARAN NAIR (RETD. JUDGE)

W.P.(C) No. 14164 OF 2004(J)

Dated this the 11th day of December, 2006

A W A R D M.M.PAREED PILLAY (Rtd. Chief Justice) Counsel for the petitioner and Regional Manager of the 4th respondent- Bank are present. Mr.Aji Kumar who is the son of the petitioner is also present representing the petitioner. After discussions the parties have settled their dispute in the case, on the following terms: `a. The amount due to the Bank as on date is mutually agreed as Rs.9,33,000/- (Rupees Nine lakhs and thirty three thousand only). Out of this amount Rs.4,00,000/- (Rupees Four Lakhs only) will be paid by the petitioner to the 4th respondent on or before 21.12.2006 and the balance in 2 equal instalments payable on or before 15.1.2007 and 15.2.2007 respectively.

b. Instalments due on 15.1.2007 and 15.2.2007 will attract interest at 5.5% per annum with effect from this date.

c. In case any of the 3 payments afore-mentioned are defaulted, the 4th respondent will be free to proceed with the recovery proceedings already initiated. The case is compromised as stated above. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) M.R.HARIHARAN NAIR

(RETD. JUDGE)

jp WPC 2

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C) No. 26274 of 2006(C) #1. MOHAMMED ISMAIL,
... Petitioner

Vs

$1. THE DISTRICT COLLECTOR,
... Respondent

2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY),

3. ING VYSYA BANK LTD.,

! For Petitioner :SRI.JACOB SEBASTIAN

For Respondent : No Appearance

*Coram

The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)

The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)

% Dated :11/12/2006

: O R D E R

M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) &

M.R.HARIHARAN NAIR (RETD. JUDGE)

W.P.(C) No. 26274 OF 2006(C)

Dated this the 11th day of December, 2006

A W A R D M.M.PAREED PILLAY (Rtd. Chief Justice) Parties have settled their dispute as per the following terms:

a. The 3rd Respondent bank agrees to accept a sum of Rs.2,80,000/- (Rupees Two lakhs and eighty thousand only) in full and final settlement of the dues.

b. Out of the said amount, a sum of Rs.1,00,000/- (Rupees One lakh only) will be paid by the petitioner on or before 31.12.2006 and the balance of Rs.1,80,000/-(Rupees One lakh eighty thousand only) will be paid in two equal instalments on or before 31st January 2007 and 28 February 2007 respectively. On payment of last of the above instalments, the Bank agrees to withdraw the criminal proceedings initiated against the petitioner in respect of dishonored cheque.

c. As regards the claim raised against the petitioner and Mohammed Abdu Rahman as per notice issued by the Bank's Advocate on 5th October 2006, the Bank agrees that the claim will not be pursued any further after the WP(C) NO.26274/2006/C 2 payment of the last aforesaid instalment. The post dated cheques in the hands of the Bank will also be returned to the petitioner after the payment of the last instalment mentioned above. WP(C) is disposed of as per the settlement. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) M.R.HARIHARAN NAIR

(RETD. JUDGE)

jp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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