Citation : 2021 Latest Caselaw 11827 Ker
Judgement Date : 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.8812 OF 2021(B)
PETITIONER:
SREEJITH MENON,
AGED 34 YEARS,
S/O.NARAYANA MENON, PROPRIETOR, AADI ENTERPRISES,
XI527, CHAITHRAM BUILDING, MALAYALAPPUZHA THAZHAM,
MALAYALAPPUZHA, PATHANAMTHITTA DISTRICT-689 664,
BY ADVS.
SRI.M.T.SURESHKUMAR
SRI.R.RENJITH
RESPONDENTS:
1 THE KERALA FINANCIAL CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN-695 033.
2 THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION, PAZHAMANNIL,
JESSY TOWERS, COLLEGE ROAD,
PATHANAMTHITTA, PIN-689 645.
BY ADV. SRI.BASANT BALAJI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8812 of 2021(B)
2
JUDGMENT
The petitioner, who is doing business
of production of fruit juices and soft drinks,
has availed loan from the KFC. As the
repayment of loan is in default, KFC has
issued notice for recovery.
2. According to the learned counsel for
the petitioner, the outstanding arrears can be
paid off, if instalment facility is granted
and if the account is regularised.
3. Sri.Basant Balaji, learned Standing
Counsel submits that the overdue amount is
Rs.1,01,15,617/- as on 17.02.2021. It is also
pointed out that the loan can be regularised
provided the petitioner remits the overdue
amount in six monthly instalments.
Accordingly, the writ petition is
disposed of permitting the petitioner to remit
the overdue amount in six equal monthly WP(C).No.8812 of 2021(B)
instalments along with the regular
instalments. If that be so, coercive action
shall not be taken against the petitioner. In
case there is any default, respondents would
be free to proceed in accordance with law.
Sd/-
P.V.ASHA JUDGE ww WP(C).No.8812 of 2021(B)
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE NO. KFC/BO/PTA/ REC./2005/2021 DATED 17/2/2021 ISSUED FROM KERALA STATE FINANCIAL CORPORATION.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT VIA EMAIL DATED 28.03.2021.
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