Kerala High Court
Nithinsha A.S vs Kerala State Financial ... on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.6799 OF 2021(Y)
PETITIONERS:
1 NITHINSHA A.S,
AGED 36 YEARS
S/O. ABDUL SAMAD, N.S VILLA, AYUR,
AYUR P.O., KOLLAM DISTRICT,PIN-691 533
2 ABDUL SAMAD
AGED 62 YEARS
S/O. IBRAHIM KUNJU, N.S VILLA, AYUR, AYUR P.O.,
KOLLAM DISTRICT, PIN-691 533
BY ADVS.
SRI.SALIM V.S.
SMT.A.M.FOUSI
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
MUSEUM ROAD, THRISSUR, PIN-680 005,
REPRESENTED BY ITS MANAGING DIRECTOR,
2 THE SPECIAL DEPUTY TAHASILDAR,
KERALA STATE FINANCIAL ENTERPRISES LTD.,
KOLLAM DISTRICT, PIN-691 001
3 KERALA STATE FINANCIAL ENTERPRISES LTD.,
AYUR BRANCH, KEEZHOOT BUILDING, M.C ROAD,
AYUR, KOLLAM DISTRICT, PIN-691 533
OTHER PRESENT:
SRI.SALIL NARAYANAN.K.A, SC, KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6799 OF 2021(Y)
2
J U D G M E N T
Petitioner claims that 2 chits, 5/14 and 18/15
run by the respondents have been prized and petitioner
defaulted the payments. Pointing out that petitioner
had approached the respondents with Ext.P5
representation requesting to include those 2 chits
under the one time settlement scheme, learned counsel
for the petitioner submits that the respondents are
not taking any action for settling the matter by
payment under the Ashwas Scheme.
2. Shri Salil Narayanan, learned Standing
Counsel on instructions submitted that the chits in
which petitioner has committed default are chit
Nos.12/13, 12/12 and 18/15. It is stated that in chit
No.18/15 the outstanding amount is Rs.12,19,301/-. In
case the petitioner remits lump sum payment under the
Ashwas Scheme petitioner need to pay a sum of
WP(C).No.6799 OF 2021(Y)
Rs.8,25,834/- only. In case petitioner approaches the
second respondent prepared lump sum payment before
31.03.2021, he would take necessary steps for settling
the account under the Ashwas Scheme and in that event
revenue recovery proceedings shall not be initiated
against the petitioner in respect of that chit.
Petitioner would be free to avail the benefit of the
Ashwas Scheme in respect of the other chits also in
accordance with the provisions under the Scheme.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.6799 OF 2021(Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
12.12.2019 IN WPC.NO.33950/2019
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
12.12.2019 IN WPC.NO.33967/2019
EXHIBIT P3 TRUE COPY OF THE ORDER IN IA 2/2020 IN
WPC.NO.33950/2019
EXHIBIT P4 TRUE COPY OF THE ORDER IN IA 1/2020 IN
WPC.NO.33967/2019
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
18.02.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT ALONG WITH ENGLISH
TRANSLATION
EXHIBIT P6 TRUE COPY OF THE REPLY DATED
02.03.2021 ISSUED BY SENIOR MANAGER,
KSFE ALONG WITH ENGLISH TRANSLATION
