Kerala High Court

WP(C)/43029/2022 of VINOD A Vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 43029 OF 2022 PETITIONER: VINOD A AGED 42 YEARS S/O A ARAVINDAKSHAN NAIR, NEW COTTAGE, NEELESWARAM P O, KOTTARAKKARA, NEDUVATHOOR, KOLLAM - 691505. BY

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 43029 OF 2022

PETITIONER:

VINOD AAGED 42 YEARSS/O A ARAVINDAKSHAN NAIR, NEW COTTAGE, NEELESWARAM P O, KOTTARAKKARA, NEDUVATHOOR, KOLLAM - 691505.

BY ADVS.O.D.SIVADASS.SUNIL NARAYANAN

RESPONDENTS:

1KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)REPRESENTED BY ITS BRANCH MANAGER, THRISSUR – 680020.

2THE MANAGER (REVENUE RECOVERY),OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD, KOLLAM - 680001.

BY ADVS.SRI.SALIL NARAYANAN, STANDING COUNSELSMT.ANIMA, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:

N. NAGARESH, J.

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W.P.(C) No.43029 of 2022

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Dated this the 30[th] day of December, 2022

J U D G M E N T~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner availed chitty from the Kerala State Financial Enterprises Limited and repayment was defaulteddue to the shortage of funds. On account of the defaultcommitted by the petitioner in paying the chitty, the 2[nd]respondent initiated proceedings to recover the amount fromthe petitioner and his surety. The petitioner seeks instalmentfacility to pay the entire dues of the Kerala State FinancialEnterprises Limited and to keep in abeyance the coerciveproceedings.

2.Standing Counsel entered appearance andresisted the writ petition. The Standing Counsel pointed outthat in spite of repeated requests, the petitioner has failed to : 3 :

clear the dues to the KSFE. As of now, an amount of`3,16,296/- is due to the respondents from the petitioner.

3.I have heard the learned counsel for the petitionerand the learned Standing Counsel for the respondents.

4.Going through the pleadings in the writ petition, itis seen that the petitioner could not pay the monthlyinstalments for certain reasons and that in spite of availabilityof One Time Settlement Schemes, the petitioner is not in aposition to pay the arrears in lump. In the peculiar facts ofthe case, I am of the opinion that the petitioner should begiven some time to clear the entire dues to the respondentsin instalments.

5.The writ petition is therefore disposed of with thefollowing directions:

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(1) The petitioner shall be permittedto remit the entire amount due to therespondents along with accruing interest andother charges, if any, in 12 Equal MonthlyInstalments.respondents along with accruing interest andother charges, if any, in 12 Equal MonthlyInstalments.

(2) The first instalment shall be paidon or before 15.01.2023 and the 11 balanceinstalments in consecutive 11 months.

(3) If the petitioner commits anydefault in paying instalment amounts asdirected above, the respondents will be freeto proceed against the petitioner inaccordance with law.

If the petitioner commits any

(4) If the petitioner remits the 12instalments as directed above, all coerciveproceedings against the petitioner and hissureties shall stand deferred.

aks/04.01.2023

Sd/-

N. NAGARESH, JUDGE

APPENDIX OF WP(C) 43029/2022

PETITIONER'S EXHIBITS

EXHIBIT P1

EXHIBIT P2

TRUE COPY OF THE NOTICE DATED2.12.2021 ISSUED BY THE 2ND RESPONDENTTO THE SURETY OF THE PETITIONER FORAVAILING THE CHITTY.

TRUE COPY OF THE REPRESENTATION DATED20.12.2022 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT.

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