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T.K.GEORGE VAIDYAN versus KERALA FINANCIAL CORPORATION

High Court of Kerala

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T.K.GEORGE VAIDYAN v. KERALA FINANCIAL CORPORATION - WP(C) No. 6019 of 2006(N) [2007] RD-KL 5059 (8 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6019 of 2006(N)

1. T.K.GEORGE VAIDYAN,
... Petitioner

Vs

1. KERALA FINANCIAL CORPORATION,
... Respondent

2. THE CHIEF MANAGER,

For Petitioner :SRI.R.RAMADAS

For Respondent :SRI.A.A.ABUL HASSAN, SC, KFC

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :08/03/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C).NO.6019 OF 2006

Dated this the 8th day of March,2007.



J U D G M E N T

Koshy, J.

The petitioner is a P.W.D. contractor. Petitioner entered into an agreement with the Superintending Engineer, Roads and Bridges, for construction of Oachira-Ayiramthengu Road and the bill amount is due to the petitioner. Petitioner availed a loan from K.F.C. for the purpose of doing the above work. It is the contention of the petitioner that if the admitted bill amount is not paid by the Government, the petitioner could not repay the amount due to K.F.C. within the time stipulated. The reason stated for non-payment of the bill by the P.W.D authority was that there are several other contractors waiting for the same and the payment can be disbursed only on priority basis. Admitted amount due to the petitioner is Rs.4,95,988/-. The admitted amount was due in April, 2005. Since admitted amount was not paid in time, dues to K.F.C are increased due to the interest. Now we are in 2007. On the facts of the case, we find there is no justification in not paying the admitted bill amount by R3. Government should act fairly. Rs.4,95,988/- should be paid by R3 on account of the petitioner to K.F.C. directly with interest at the rate of 9% per annum from the date W.P.(C).NO.6019 OF 2006 2 it became due and the above amount should be credited to the K.F.C on the loan account of the petitioner, within one month from the date of receipt of the judgment and balance amount if any can be demanded by the K.F.C by fresh demand notice after giving the statement of accounts. Further we note that if there is any further delay in payment of amount by R3, the liability to pay th entire interest demanded by K.F.C. will be on R3. In the meanwhile K.F.C. shall not take coercive steps.

J.B.KOSHY, JUDGE.

T.R.RAMACHANDRAN NAIR, JUDGE.

bkn


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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