Before the Additional District Court, North Paravur

O. P. (GUARDIAN) NO. 43/2008

(In the matter of minors Vishnu and Jishnu)

Petitioners:—

Nirmala,

Wife of late Shri Unnikrishnan,

Payithara House,

Koottukad,

Chendamangalam Village.

Anirudhan,

s/o Subramanian,

Payithara House,

Koottukad,

Chendamangalam Village,

Paravur Taluk.

Respondents:—Nil.

Take notice that the petitioners has presented an

application to this Court for permission to sell four Cents

of landed properties comprised in Sy. No. 391/3 of

Chendamangalam Village, vested to the petitioners and the

minors by way of inheritance and succession and to

expend the sale proceeds for construction of a house to

the minors and that if any one has any objection for the

same has to appear on 4-11-2008 at 11 a. m. in this Court

in person or by duly authorised agent/pleader and failing

which

the

said

application

will

decided

in his/her absence.

North Paravur,

K. MANOHARAN,

17-9-2008.

Counsel for Petitioners.

In the Court of the Subordinate Judge, Koyilandy

Present : Sri C. Balan, Subordinate Judge,

Thursday, the 10th day of April, 2008

21st day of Chaithram, 1930.

I. P. 1/2001

Petitioner:

Between

Panthapilakkool Arya Devi,

d/o. Madhavi Amma/Padmanabhan Nair,

aged 42 years,

residing at Thazhekandy,

No occupation,

Kunnathara Amsom,

Ollur Desom,

Koyilandy Taluk,

Kozhikode District.

Respondents:

And

1.. Assistant Secretary,

Kerala State Housing Board,

Kozhikode Housing Unit,

Chakkarathkulam,

Kozhikode-6,

Kozhikode Taluk,

Kozhikode District.

2.. Secretary,

Naduvannur Regional Sahakarana Bank,

Naduvannur,

Naduvannur Amsom Desom,

Koyilandy Taluk,

Kozhikode District.

Puthiyottil Meethal Balakrishnan Nair,

s/o Kalliani Amma,

aged 47 years,

Residing at Arattankani Meethal,

Agriculturist,

Kunnathara Amsom,

Ollur Desom,

Koyilandy Taluk,

Kozhikode District.

Kuzhiparambil Meethal

Prabhakaran Nambiar,

s/o Sekharan Nair,

aged 32 years,

Merchant,

Residing at Kunnathara Amsom,

Ollur Desom,

Koyilandy Taluk,

Kozhikode District.

The Village Officer,

Ulliyeri,

Kunnathara,

Kannoore Desom,

Koyilandy Taluk,

Kozhikode District.

Tahsildar,

Revenue Recovery,

Vatakara,

Vatakara Amsom, Desom,

Vatakara Taluk,

Kozhikode District.

Government of Kerala,

Represented by District Collector,

Kozhikode Civil Station,

Malaparambu,

Malaparambu Amsom, Desom,

Kozhikode Taluk,

Kozhikode District.

This petition coming on 31st day of March, 2008 for

final hearing before me in the presence of

Sri K. P. Damodaran, Advocate for the petitioner, and of

Sri Vinod Singh Cheriyan, Advocate for Ist respondent, Sri

M. Ummer, Advocate for 2nd respondent, of

Sri. P. Sankaran Elattery, Advocate for respondents, 3 and

4, and of Sri K. Sathyan, A.G. P. for the respondents 5, 6

and 7 and having stood over to this day for consideration

this court passed the following:

ORDER

Petition under section 10 of the Insolvency Act.

The petitioner’s case in brief is as follows:—

The petitioner who has 3 children has no occupation

and she had to look after her personally and she is not in

a position to go for any sort of work. Her husband is a

coolie doing casual wage works, the earnings from which

would not suffice to meet the day today expenses of the

family. Due to the financial difficulties, the petitioner

borrowed

the

amount

shown

the

schedule to this petition. The entire assets belonged to

the petitioner are shown in the B schedule. Neither

the petitioner, nor her husband have any property and

building apart from one shown as B schedule. This

petitioner is not able to pay off the amount due to the

creditors. Some of the respondents filed suits for

realisation of the amount. The banks to whom amounts are

due have initiated execution proceedings for sale of

property. If the property is sold, irreparable injury and loss

would be caused to the petitioner who is not able to

dispose of the property and pay off the loan amount. Even

if the property is sold, she would not be able to pay of the

entire amount due to the respondents. This petitioner has

not committed any act of insolvency and she had no

occasion to file a petition to get herself adjudged as

insolvent. So, she prayes for an order declaring and

adjudicating her as insolvent and for appointing an official

receiver to take possession and control of the assets of the

petitioner

described

B schedule and for realisation and distribution

among the creditors.

The 1st respondent filed counter statement

contending that the petition is not maintainable since

mandatory provisions under section 139 of the Kerala

State Housing Board Act, 1971 is not complied with. A

loan of Rs. 2 lakhs was sanctioned to the petitioner and

for the said purpose, she had mortgaged her property

having an extent of 16½ cents by a mortgage deed

executed by her and the loan was sanctioned on the basis

of the terms and conditions contained in the mortgage

deed. Before sanctioning the loan, the petitioner was

required to produce some documents relating to her

property, income etc. The income certificate issued by the

Village Officer would show that the income of the

petitioner is Rs. 55,800. Her husband is having an

income of Rs. 8,400 from the property and Rs. 45,000

from the business and the petitioner is having an income

Rs. 2,400 from the property. The loan was sanctioned on the

strength of the above said certificates. As per the condition

in the mortgage deed, the petitioner was bound to repay

the loan amount in 168 monthly instalments at the rate of

Rs. 3,933. But after availing the loan amount, she has not

paid even a single instalment. When she made default, this

respondent initiated Revenue Recovery Proceedings. This

petitioner has filed the petition on experimental basis. This

respondent has got primary charge of the property of the

petitioner. The Board is entitled to get first preference in

getting

the

amount

out

of R. R. Proceedings. So, the petition may be dismissed.

The 2nd respondent filed counter statement

contending that the petitioner has availed loan from the

2nd respondent bank, and hence, she is liable to pay a

sum of Rs. 5,566.40 with interest. The averment that

her property is not sufficient to satisfy the

said amount is incorrect.

The 3rd respondent filed counter statement

contending that the petitioner owes a sum of Rs. 25,000

to the respondent borrowed as per pro-note

dated 30-1-1999. The petitioner is liable to pay

the said amount.

The 4th respondent filed counter statement stating

that

the

petitioner,

who

owes

sum

Rs. 30,000 borrowed as per pro-note dated 20-6-1999 and

hence she is liable to pay the amount.

5th respondent and 6th respondent filed separate

counter statement raising some sort of contentions. It was

as per the requisition of the Ist respondent, Revenue

Recovery Proceedings were initiated. The action of this

respondents is legal and vaild.

This Court as per Order in IP 1/2001 dated

14-12-2005 after considering the oral evidence of PW1

and RW1 and documentary evidence marked as Ext. A1,

A2 and B1 to B8 dismissed the petition finding that the

petitioner has not been able to establish that she is entitled

to get the relief as sought for.

Aggrieved by the order passed by this Court, the

petitioner filed AS 137/06 before the District Court,

Kozhikode and the District Judge, Kozhikode as per

Judgement in AS 137/06 dated 11-6-2007 set aside the

order passed by this Court and case is remitted to this

Court with a direction to pass a formal order of

adjudication and initiate further steps in the matter. It is

held by the District Court that the petitioner was not

capable of discharging her liability and that the petitioner

was entitled to declaration.

10.

Heard both sides.

11.

As stated above, the District Court directed this

Court to pass a formal order of adjudication and initiate

further steps in the matter. In view of the said direction,

the petition is allowed as follows:—

(1)

The petitioner is declared as insolvent.

(2)

The petitioner shall apply for her discharge

within 3 months from the date of this order.

(3)

The petitioner shall take steps for publication

of order of adjudication as contemplated u/s 31

of the Insolvency Act.

(4)

Order of appointing Receiver will be passed

separately.

(Dictated to the Confidential Assistant, transcribed by

her, corrected by me and pronounced in open Court this

the 10th day of April, 2008)

(Sd.)

Sub Judge.

Exhibits and witness on either side :—

Nil.

(Sd.)

Sub Judge.

In the Court of the Subordinate Judge, Koyilandy

INSOLVENCY PETITION NO. 1/2001

IA 1023/2008

Petitioner/Debtor:—

Panthe Pilakkuol Arya Devi,

aged 45 years,

d/o Madhavi Amma,

Padmanabhan Nair,

Kunnathara Amsam,

Ollur Desam,

Koyilandy Taluk

Respondents:—

1. Assistant Secretary,

Kerala State Housing Unit,

Chakkarothkulam,

Kozhikode-6,

Kozhikode Taluk and District

2. Secretary,

Naduvannur Regional Sahakarana Bank,

Naduvannur,

Naduvannur Amsom Desam,

Koyilandy Taluk,

Kozhikode District

3. Puthiyottil Meethal Balakrishnan Nair,

s/o. Kalliani Amma,

aged 48 years,

Residing at Arattamkandi Meethal,

Kunnathra Amsom,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

4. Kuzhiprambil Meethal,

Prabhakaran Nambiar,

s/o Sekharan Nair,

aged 33 years,

Merchant,

Kunnathara Amsam,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

5. The Village Officer,

Ulliyeri,

Kunnathara,

Kannoore Desam,

Koyilandy Taluk

6. Tahsildar,

Revenue Recovery,

Vadakara,

Vadakara Amsam,

Desam,

Vadakara Taluk

7. Government of Kerala,

Represented by District Collector,

Kozhikode Civil Station,

Malapramba,

Kozhikode Taluk

Creditors:—

1. Assistant Secretary,

Kerala State Housing Unit,

Chakkarothkulam,

Kozhikode-6,

Kozhikode Taluk and District

2. Secretary,

Naduvannur Regional Sahakarana Bank,

Naduvannur,

Naduvannur Amsom Desam,

Koyilandy Taluk,

Kozhikode District

3. Puthiyottil Meethal Balakrishnan Nair,

s/o. Kalliani Amma,

aged 48 years,

Residing at Arattamkandi Meethal,

Kunnathra Amsom,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

4. Kuzhiprambil Meethal,

Prabhakaran Nambiar,

s/o Sekharan Nair,

aged 33 years,

Merchant,

Kunnathara Amsam,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

Take notice that the above named insolvent has

applied at the court for his discharge and that the court

has fixed the 25th day of October 2008 at 11 a.m.

Koyilandy,

(Sd.)

29-9-2008.

Subordinate Judge.

In the Court of the Subordinate Judge, Koyilandy

INSOLVENCY PETITION NO. 1/2001

Petitioner/Debtor:—

Panthe Pilakkuol Arya Devi,

aged 45 years,

d/o Madhavi Amma,

Padmanabhan Nair,

Kunnathara Amsam,

Ollur Desam

Koyilandy Taluk

Respondents:—

1. Assistant Secretary,

Kerala State Housing Unit,

Chakkarothkulam,

Kozhikode-6,

Kozhikode Taluk and District

2. Secretary,

Naduvannur Regional Sahakarana Bank,

Naduvannur,

Naduvannur Amsom Desam,

Koyilandy Taluk,

Kozhikode District

3. Puthiyottil Meethal Balakrishnan Nair,

s/o Kalliani Amma,

aged 48 years,

Residing at Arattamkandi Meethal,

Kunnathra Amsom,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

4. Kuzhiprambil Meethal Prabhakaran,

Nambiar,

s/o Sekharan Nair,

aged 33 years,

Merchant,

Kunnathara Amsam,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

5. The Village Officer,

Ulliyeri,

Kunnathara,

Kannoore Desom,

Koyilandy Taluk,

Tahsildar,

Revenue Recovery,

Vadakara,

Vadakara Amsam,

Desam,

Vadakara Taluk

Government of Kerala,

Represented by District Collector,

Kozhikode Civil Station,

Malapramba,

Kozhikode Taluk

Creditors:—

1. Assistant Secretary,

Kerala State Housing Unit,

Chakkarothkulam,

Kozhikode-6,

Kozhikode Taluk and District

2. Secretary,

Naduvannur Regional Sahakarana Bank,

Naduvannur,

Naduvannur Amsom Desam,

Koyilandy Taluk,

Kozhikode District

3. Puthiyottil Meethal Balakrishnan Nair,

s/o. Kalliani Amma,

aged 48 years,

Residing at Arattamkandi Meethal,

Kunnathra Amsom,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

4. Kuzhiprambil Meethal,

Prabhakaran Nambiar,

s/o Sekharan Nair,

aged 33 years,

Merchant,

Kunnathara Amsam,

Ollur Desam,

Koyilandy Taluk,

Kozhikode District

Under-section 31 of insolvency Act 1955 notice is

hereby given that the above mentioned Petitioner has been

adjudged insolvent on 10-4-2008 and that he should apply

for discharge on or before, 25-10-2008.

Creditors should prove their claims with in one month

from the date of Publication of this notice in the Gazette,

by delivering or sending by Registered Post to the

Receiver an affidavit in form No. 5 of the Kerala

insolvency Rules. They should also give the Receiver all

necessary instruction and provide him with funds where

necessary.

Dated the 29th day of September, 2008.

(Sd.)

Judge.