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2013 Supreme(Online)(KER) 37613

HIGH COURT OF KERALA
ANTONY DOMINIC, J
K V SANATHANAN – Appellant
Versus
THE TAHSILDAR – Respondent


J U D G M E N T

Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned standing counsel for the Bank.

2. Petitioner started a small scale industrial unit. For that purpose, he had availed of a loan from the respondent Bank. He also availed of margin money from the 3rd respondent. In so far as this writ petition is concerned, he is facing revenue recovery proceedings by Exts.P3 and P4, which has been initiated at the instance of the 3rd respondent for recovery of the margin money availed of by the petitioner. The case of the petitioner is that the margin money was disbursed as part of the loan availed from the Bank. It is stated that the Bank has already initiated recovery action for the amounts due from the petitioner which includes the margin money also. It is contended that in view of the provisions of Ext.P1, if a borrower like the petitioner has committed default, the liability to pay is that of the Trust, and therefore, according to the petitioner, the revenue recovery proceedings now initiated WPC.No.7046/13 :2 :

against him at the instance of the 3rd respondent is illegal.

3. Standing counsel for the Ban

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