Bindumol Shibu vs Kerala Financial Corporation
2021 Latest Caselaw 7276 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.4713 OF 2021(L)


PETITIONERS:

      1        BINDUMOL SHIBU
               AGED 51 YEARS
               W/O SHIBU SEBASTIAN,
               M/S VENICE JAMCY, KIZHAKKEKKARA THAZHATH HOUSE,
               MEENACHIL, POVARANI P O, PALA, KOTTAYAM-686577.

      2        SHIBU SENASTIAN
               AGED 53 YEARS
               S/O SEBASTIAN,
               KIZHAKKEKKARA THAZHATH HOUSE, MEENACHIL,
               POVARANI P O, PALA,
               KOTTAYAM-686577.

               BY ADVS.
               SRI.V.K.PEERMOHAMED KHAN
               SRI.C.J.CHACKO
               SHRI.GIRISH KUMAR V.C

RESPONDENTS:

      1        KERALA FINANCIAL CORPORATION
               REPRESENTED BY ITS CHIEF MANAGER,
               BRANCH OFFICE,
               GEETHA TRADE CENTRE,
               MC ROAD, NEAR YMCA, KOTTAYAM-686001.

      2        THE CHIEF MANAGER
               KERALA FINANCIAL CORPORATION,
               KOTTAYAM BRANCH,
               GEETHA TRADE CENTRE,
               MC ROAD, NEAR YMCA, KOTTAYAM-686001.


               SRI.BASANT BALAJI.SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4713 OF 2021(L)                          2




                                  P.V.ASHA, J.
                   ------------------------------------------
                            W.P(c) No.4713 of 2021
                   ---------------------------------------------
                    Dated this the 02nd day of March, 2021

                                    JUDGMENT

The petitioners have availed loan from the respondents. The learned

Standing Counsel Sri. Basant Balaji submits that a sum of Rs. 6,74,00,000/-

(Rupees Six crore seventy four lakhs only) is the outstanding amount as on this

date. According to the respondents, the construction of the multi storied

apartment is almost over and the entire property which is given as security is

available with the respondents. Requesting for One Time Settlement as well as for

additional loan, the petitioners have submitted Ext.P5 representation before the

respondents. The petitioners have approached this Court in view of Ext.P4 notice

issued by the Corporation on 27.10.2020 under Section 29 of State Financial

Corporation Act, 1951.

As the petitioners have approached the respondents stating that they

are amenable for a One Time Settlement, the Writ Petition is disposed of directing

the 2nd respondent to consider the request of the petitioners in Ext.P5

representation and to pass orders there on within a period of three weeks with

notice to the petitioners.

SD/-

(P.V.ASHA, JUDGE)

rps/

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO.36367/2018.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.

10723/2019

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.24003/2019.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT.

EXHIBIT P5           TRUE COPY OF THE REQUEST.