IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11485 of 2011(I) --------------------------------- PETITIONER(S): ------------------- M/S.GANGALEKSHMI PHARMACEUTICASL (P)LTD. REPRESENTED BY ITS MANAGING DIRECTOR, RAJENDRAN.G., S/.GANGADHARAN, AGED 60 YEARS, KILIMANOOR, THIRUVANANTHAPURAM. BY ADVS. SRI.P.RAVEENDRAN PILLAI SMT.INDIRA RAVEENDRAN RESPONDENT(S): --------------------- 1. THE KERALA STATE FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF THE KERALA STATE FINANCIAL CORPORATION, VELLYAMBALAM, THIRUVANANTHAPURAM - 695 015. 2. THE CHIEF MANAGER, THE KERALA STATE FINANCIAL CORPORATION, VELLYAMBALAM, THIRUVANANTHAPURAM- 695 015- 695 015. 3. THE DISTRICT MANAGER, THE KERALA STATE FINANCIAL CORPORAITION, VELLYAMBALAM, THIRUVANANTHAPURAM- 695 015. BY ADV. SRI.A.A. ABUL HASSAN, SC., K.F.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J. ------------------------------------------------ W.P.(C). NO.11485 OF 2011 -------------------------------------------------- Dated this the 8th day of April, 2011. JUDGMENT The dispute involved is in relation to the actual liability of the writ petitioner in connection with a loan transaction. 2. The case has got a long history. The petitioner was constrained to approach this Court earlier because of the coercive proceedings taken by the Kerala Financial Corporation. Finally, after considering the rights and liberties of the parties concerned, a Division Bench of this Court passed Ext.P2 order dated 13.7.2007 in I.A No.34/2007 in Writ Appeal 2081/1998, from which it is seen that, there was a claim for the Kerala Financial Corporation, to direct the petitioner to satisfy a sum of Rs.9,40,040/- as on 1.6.2007 with simple interest at the rate of 2.5%, so as to return the title deeds. It appears that the petitioner took up the matter further by filing SLP before Supreme Court, which was disposed of as Ext.P3 order dated 19.7.2010, whereby an observation was made that no quantification of the liability was made by the Division W.P.(C). NO.11485 OF 2011 2 Bench of this Court and that the petitioner could approach the Kerala State Financial Corporation in this regard on which event, it was directed to be finalised accordingly, with liberty to approach this Court, if aggrieved. The case of the petitioner is that, though the petitioner has approached the Kerala State Financial Corporation, exorbitant amount was demanded which made the petitioner to approach this Court again by filing W.P.(C) No. 37442/2010. This was finalised as per Ext.P4 judgment dated 3.2.2011, wherein it was observed that the fact adjudication cannot be done at the hands of this Court exercising the jurisdiction under Article 226 and the remedy of the petitioner was to approach the civil court. It was pursuant to ExtP4, that the petitioner filed O.S.414 of 2011 before Sub Court, Thiruvananthapuram, which is stated as pending as borne by Ext.P5. The petitioner is stated as aggrieved of Ext.P6 notice dated 30.3.2011 issued by the respondent Kerala State Financial Corporation, demanding a sum of Rs.9,40,040/-. W.P.(C). NO.11485 OF 2011 3 3. The learned standing counsel appearing for the KFC submits that, pursuant to Ext.P4, the petitioner has admittedly approached the Civil Court and the matter is pending. During the pendency of the Civil suit, it is no more open to the petitioner to approach this Court by filing this writ petition and the very maintainability of the writ petition is seriously challenged. 4. After hearing both the sides this Court finds that the matter which is already in seizin of the Civil Court has to be finalized on the basis of relevant pleadings and evidence to be let in. However, in view of the admission made by the petitioner as to the willingness to satisfy a sum of Rs.5 lakhs (as taken note of by this Court in paragraph 8 of Ext.P4 judgment) the coercive proceedings, if any, against the petitioner shall be kept in abeyance till finalisation of the Civil suit stated as pending before the Civil Court as mentioned above, on condition that the petitioner satisfies a sum of Rs.5 lakhs within one month towards the disputed extent of outstanding liability. It is also made clear that, W.P.(C). NO.11485 OF 2011 4 this will not stand in the way of the respondent Kerala Financial Corporation in defending the suit by filing a 'counter claim' or by such other means in accordance with law, if more amount is actually due to them. Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE. mns