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1997 Supreme(Ker) 254

B.N.PATNAIK, K.G.BALAKRISHNAN
Godan Namboothiripad – Appellant
Versus
Kerala Financial Corporation, Vellayambalam – Respondent


Advocates:
M/s. P. N. K. Achan and N. M. Madhu, for Appellant; V. B. Unniraj, (for No. 1), C. T. Ravikumar, Govt. Pleader, (for No. 2), A. B. Jaleel, (for No. 8) and V.R.K. Kaimal, (for No. 7), for Respondents.

Judgement

PATNAIK, J. :- The sixth respondent in O.P. No. 7098/94 is the appellant herein. By the impugned judgment, the learned single Judge upheld the contention of the first respondent herein, the Kerala Financial Corporation and directed the continuance of revenue recovery proceedings agianst the appellant herein to recover the loan amount together with interest advanced by the first respondent to purchase and ply a transport vehicle.

2. The first respondent Corporation sanctioned a loan of Rs. 1,26,900/- to one Gopinatha Menon on 21st September, 1974 for purchase of a transport vehicle. The loan was to be repaid by instalments. But the said Gopinatha Menon defaulted to pay the amount. In consequence of default in payment, the vehicle was seized by the Corporation on 11th November, 1980. The appellant thereafter executed an equitable mortgage in respect of 62 cents of land on 2nd December, 1980. On that day, he confirmed the deposit of title deeds with the Corporation. In pursuance of the agreement, the vehicle in question was released and handed over to the sixth respondent. Subsequently, the appellant also committed default in payment of the loan. The vehicle was thereafter sei









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