Kerala High Court
K.P.Anil Kumar, S/O Parameswaran ... vs The Kerala State Financial Enterprises ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13564 OF 2024
PETITIONER:
K.P.ANIL KUMAR,
S/O PARAMESWARAN PILLAI, AGED 53 YEARS
KAVIL VEEDU, THURUTHIKKARA P.O.,
KUNNATHOOR, KOLLAM, PIN - 690540
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
PRAVEENA T.
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES
LIMITED, REPRESENTED BY MANAGING DIRECTOR,
REGD. OFFICE BHADRATHA, P.B.NO:510, MUSEUM
ROAD, THRISSUR, PIN - 680020
2 THE REGIONAL MANAGER
THE KERALA STATE FINANCIAL
ENTERPRISES LIMITED, K.S.F.E. BUILDINGS,
PATHANAMTHITTA, PIN - 689645
3 THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES
LIMITED, KADAMPANAD BRANCH, KRKPM BUILDING,
KADAMPANAD P.O., PATHANAMTHITTA - 691552
BY ADVS.
BINDU MOHAN
SALIL NARAYANAN K.A. - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13564 of 2024
:2:
JUDGMENT
When this matter was called today, Sri.Salil Narayanan K.A. - learned Standing Counsel for the 'Kerala State Financial Enterprises Limited' ('KSFE' for short), submitted that, the total outstanding in the Chitty Accounts of the petitioner, as on 05.04.2024, is Rs.1,63,103/-; and that if he is willing to pay the same in not more than 15 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Sri.Mohan Lal B. - learned counsel for the petitioner, fully agreed to the afore and prayed that this Writ Petition be thus ordered.
In the afore circumstances, I allow this Writ Petition, granting liberty to the petitioner to pay the total outstanding amount in the Chitty Accounts, namely, Rs.1,63,103/- as on 05.04.2024, with all applicable charges and interest, in 15 equal monthly installments commencing from 15.05.2024. If this is done, the KSFE shall close the Chitty accounts and return the security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the W.P.(C) No.13564 of 2024 :3: above directions, all recovery proceedings against the petitioner will stand deferred; but if he defaults payment of any two consecutive installments as ordered above, the KSFE will be at full liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE anm W.P.(C) No.13564 of 2024 :4: APPENDIX OF WP(C) 13564/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 08/11/2021 ISSUED BY THE 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE JUDGEMENT DATED 30/05/2022 IN W.P.(C)NO:17410/2022 OF THIS HON'BLE COURT Exhibit P3 THE TRUE COPY OF THE CLOSING REPORT DATED 04/12/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF THE CHITTY OBTAINED FROM THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 12/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF THE AMOUNT RS.12,500/- IN RESPECT OF CHITTY NO:13/2017/A/1 ON 04/03/2024 TO THE 3RD RESPONDENT RESPONDENTS' EXHIBITS : NIL.