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2008 Supreme(Ker) 606

PIUS C.KURIAKOSE
Sundaram Finance Ltd. – Appellant
Versus
The Tahsildar, Kollam – Respondent


Advocates Appeared:For the Petitioner:V.R. Venkatakrishnan (Sr.), Advocate. For the Respondent: Government Pleader.

Judgment :-

M/s.Sundaram Finance Ltd., a public limited company engaged in the business of financing by hire purchase and otherwise is the petitioner in this original petition under Article 226. The respondents were originally (1) the revenue recovery Tahsildar, Kollam

(2) the Kerala State Industrial Development Corporation (3) the Sun Refineries (P) Ltd., Kollam represented by its Director one D.Ravindran and (4) the State of Kerala. Later one R. Kumaresan, R.Ganesh Sundar and D.Raveendran, Directors of Sun Refineries

(P) Ltd. were impleaded as additional respondents 5 to 7. The case of the petitioner is that in the course of its business the third respondent approached them for finance and as a consequence, hire purchase agreements were entered into in respect of the machineries detailed in the hire purchase agreement. The third respondent agreed to abide by all the terms of the hire purchase agreement and under these agreements an amount of nearly more than Rs.37 lakhs is due to the petitioner company from the third respondent by way of instalment. According to the petitioner, besides the hire purchase agreement an additional letter of guarantee, guaranteeing payment of the amoun






















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