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2008 Supreme(Online)(KER) 37681

HIGH COURT OF KERALA
V.GIRI, J
ANITA PAUL WO BABY JOSEPH – Appellant
Versus
KERALA FINANCIAL CORPORATION – Respondent


JUDGMENT

An issue regarding collection charges under the Revenue Recovery Act sought to be compulsorily recovered from the petitioners arises for consideration herein. The petitioners had availed a loan from the Kerala Financial Corporation and there was default in repayment of the same. Action was initially taken under Section 29 of the Debts due to Banks and Financial Institutions Act and thereafter proceedings under the Revenue Recovery Act was initiated in respect of 33.30 acres of land. Ext.P2 is a notice issued under Section 36 of the Revenue Recovery Act. Apparently, the petitioners approached this court with a prayer that if a statement of account was given, the defaulter would pay the entire amount and thus avert the Revenue Recovery proceedings. The petitioners approached the Kerala Financial Corporation. They were granted time to make the payment under one time settlement scheme.

They sought for extension of time and extension was also granted as evidenced by Ext.P6. Apparently, there was further default. Ext.P6 notice of sale was issued for recovery of Rs.1,26,59,350/-. Ext.P8 is the notice of sale dated 8.12.2005 issued by the Deputy Tahsildar, (RR), KFC. The petitioners

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