A.P.Moosakutty vs The Managing Director
2021 Latest Caselaw 11834 Ker

               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.6839 OF 2021(D)


PETITIONERS:

      1        A.P.MOOSAKUTTY
               AGED 60 YEARS
               S/O. LATE A.P KADER HAJEE, AMBALAPARAMBIL HOUSE,
               KUNNAMANGALAM P.O, KUNNAMANGALAM VILLAGE, KOZHIKODE
               TALUK, KOZHIKODE DISTRICT 673 571

      2        SMT. A.P JAMEELA,
               AGED 55 YEARS
               W/O. ABDUL NASAR, AROTHPOYIL HOUSE, PARANNOOR P.O,
               MADAVOOR VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT
               673 572

      3        SMT. A.P PATHUMMA,
               AGED 90 YEARS
               W/O. LATE A.P KHADER HAJEE, AMBALAPARAMBIL HOUSE,
               KUNNAMANGALAM P.O, KUNNAMANGALAM VILLAGE, KOZHIKODE
               TALUK, KOZHIKODE DISTRICT 673 571

               BY ADV. SHRI.V.N.RAMESAN NAMBISAN

RESPONDENTS:

      1        THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION
               KEERALA FINANCIAL CORPORATION,
               THIRUVANANTHAPURAM 695 001

      2        THE CHIEF MANAGER,
               KERALA FINANCIAL CORPORATION, KALPETTA, WAYANAD,
                PIN-673 121

               R1 BY SHRI.M.R.VENUGOPAL, SC, KFC
               R1 BY ADV. SMT.DHANYA P.ASHOKAN

     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.6839 OF 2021(D)

                                2




                            JUDGMENT

Dated this the 09th day of April 2021

The writ petition is filed seeking

instalment facility to wipe off the overdue

amount to regularise the loan by extending the

benefit of moratorium.

2. The learned Standing counsel submits

that a sum of Rupees 48.69 lakhs is due from

the petitioner. After filing the writ

petition, the petitioners have remitted a sum

of Rs.10,00,000/-.

3. As the petitioners have shown their

bona fides in making the payment, there shall

be a direction to the respondents to permit

the petitioners to pay off the outstanding

amount in instalments. The outstanding amount

shall be paid in 10 equal monthly instalments

along with the regular instalments. In case WP(C).No.6839 OF 2021(D)

the petitioner is eligible for any benefit of

restructuring, the respondents shall consider

the same.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.6839 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE R.R NOTICE NO.

KFC/WND/130135810, 11,30/527/2020-21 DATED 12-2-2021 ISSUED BY THE RESPONDENTS

EXHIBIT P2 TRUE COPY OF THE NOTICE NO.

KFC/WND/130135810, 130135811/564/2020-21 DATED 1-3-2021 ISSUED BY THE RESPONDENTS.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE