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Kerala High Court
Musthafa T.K vs Ksfe Ltd on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18072 OF 2024
PETITIONER:
MUSTHAFA T.K, AGED 53 YEARS,
S/O KOYAKUTTY HAJEE, THEKKEKOLLARAKKAL HOUSE,
PARANNUR P.O, NARIKUNI,
KOZHIKODE., PIN - 673585.
BY ADV
T.H.ARAVIND
RESPONDENTS:
1 KSFE LTD,
KALLAI BRANCH, ARADHANA KAMALA BUILDING,
P.B. NO.555, KALLAI ROAD, KOZHIKODE,
KALLAI, KOZHIKODE,
REPRESENTED BY ITS MANAGER., PIN - 673002.
2 SPECIAL DEPUTY TEHSILDAR (R.R),
KSFE LTD, KALLAI ROAD,
KOZHIKODE., PIN - 673002.
BY ADV.
SRI.P.C.ANIL KUMAR
SRI.SALIL NARAYANAN K.A., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18072 OF 2024
-2-
JUDGMENT
When this matter was called today, Sri.P.C.Anil Kumar - learned counsel appearing for the Kerala State Financial Enterprises Ltd. (KSFE), submitted that, if the petitioner is interested, he can be allowed to pay off the total amount in his Chitti accounts, which is a sum of Rs.85,53,878/- as on 20.05.2024, along with all applicable charges and interest, provided he pays the same in not more than 24 equal monthly installments.
2. Sri.T.H.Aravind - learned counsel for the petitioner, accepted the afore suggestion; however, praying that his client may also be given the liberty to approach the 'KSFE' for reconciliation of the accounts because he believes there are some entries therein which are inconsistent with the applicable Rules and Regulations.
WP(C) NO. 18072 OF 2024 -3- Taking note of the afore submissions, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 24 equal monthly installments, commencing from 25.06.2024.
Needless to say, if the petitioner continues to pay as afore, all action pursuant to Exts.P1(a), P1(b), P1(c) and P2 will stand deferred; but if he defaults payment of any two installments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.
It also goes without saying that, once the petitioner pays a minimum of 12 instalments as ordered above, he will be at liberty to approach the 'KSFE' for a copy of the account statement, which shall be favoured to him; in which event, he will be at liberty to point out any WP(C) NO. 18072 OF 2024 -4- inconsistency, or to seek any benefits eligible to him. If this is done, the 'KSFE' will consider his application and take a final decision; and if this leads to further benefits, the same shall be factored into the remaining EMIs.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18072 OF 2024 -5- APPENDIX OF WP(C) 18072/2024 PETITIONER EXHIBITS EXHIBIT P 1 A TRUE COPY OF THE NOTICE DATED 15.11.16 EXHIBIT P 1 B TRUE COPY OF THE DEMAND NOTICE DATED 15.11.16 EXHIBIT P 1 C TRUE COPY OF THE NOTICE DATED 14.11.16 EXHIBIT P 2 TRUE COPY OF THE DEMAND NOTICE DATED NIL EXHIBIT P 3 TRUE COPY OF THE RECEIPT DATED 03.04.2023