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2007 Supreme(Ker) 6

V.K.BALI, S.SIRI JAGAN
C. P. Sreelal – Appellant
Versus
District Collector, Thiruvananthapuram – Respondent


Judgment :-

Siri Jagan, J.

Appellant is the petitioner in O.P.No.19471/2002, which was dismissed by a learned Single Judge of this court by judgment dated 1-2-2006. The issue involved in that original petitioner was the enforceability of a personal guarantee issued by the appellant to the Kerala Financial Corporation as the Managing Director of an industry by name Mothi Chemicals to which the Kerala Financial Corporation had advanced a loan of Rs.30 lakhs. There was a loan agreement between the company and the KFC mortgaging properties belonging to the company as security for the loan. In the addition to the same, a personal guarantee was also given by the appellant as Managing Director of the said Company. The Company defaulter payments of the amount of loan. Recovery proceedings were initiated. The land belonging to the Company, which was mortgaged to the KFC, was acquired by the Government. L.A.R. No.105/1992 was filed for enhancement of compensation before the civil court. The sale proceeds of the movables of the defaulter Company and the compensation including enhanced compensation awarded by the civil court amounting to Rs.29.72 lakhs were paid over to the KFC on 11-06-1996. A

































































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