Kerala High Court
C.R.Shaji vs Kerala State Financial ... on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.7338 OF 2021(N)
PETITIONER:
C.R.SHAJI,
AGED 53 YEARS,
S/O.C.K.RAJAPPAN,
CHERUPARAMBIL HOUSE,
NADUVATHUNAGAR P.O.,
CHERTHALA,
ALAPPUZHA DISTRICT, PIN-688 559.
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA
SRI.M.G.SREEJITH
SMT.K.S.ARCHANA
RESPONDENT:
KERALA STATE FINANCIAL ENTERPRISES LTD.,
HEAD OFFICE, BHARATHA,
CHEMBUKAVU,
MUSEIUM ROAD,
THRISSUR, PIN-680 001,
REPRESENTED BY THE MANAGING DIRECTOR.
SRI K.A. SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:S
WP(C) No.7338/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 22nd day of March, 2021
The petitioner has filed this writ petition seeking to
permit the petitioner to remit the entire outstanding dues to the
respondent-Kerala State Financial Enterprises Limited, by 10
monthly instalments commencing from 30.04.2021 and to
direct the respondent to consider and dispose of Ext.P4
representation with notice to him.
2. The petitioner is the Managing Partner of
M/s.Higness Investments and Financiers, which has
subscribed 141 chits from various Branches of the
respondent. The total sum of chits subscribed by the
petitioner would be `39,60,00,000/-. The petitioner has been
remitting the monthly instalments with due diligence till
February, 2020. The outbreak of Covid-19 pandemic forced
the petitioner to default in repayment.
WP(C) No.7338/2021
3. The petitioner earlier approached this Court and
pursuant to the directions of this Court, Ext.P2 order was
passed by the respondent directing the petitioner to remit 25%
of the outstanding dues, as on 20.01.2021, within 20.02.2021,
and the balance amount in six monthly instalments. By Ext.P4
representation, the petitioner requested the respondent to
provide the facility of 10 monthly instalments commencing
from 30.04.2021 to settle the outstanding dues. The petitioner
would state that the petitioner has remitted an amount of
`20,66,627.39 towards arrears.
4. The learned Standing Counsel for the respondent
submitted that the petitioner owes a huge amount to the
respondent and has committed default for a considerably long
period. However, in view of the fact that the petitioner has
remitted `20,66,627.39 on 12.03.2021, a very short breathing
time can be granted to the petitioner for repayment.
5. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the respondent.
WP(C) No.7338/2021
6. The petitioner appears to be a customer of the
respondent with 141 Chits. The default in repayment seems
to be a result of Covid-19 pandemic. The petitioner has
shown his bonafides by remitting more than `20 lakhs to clear
the arrears, in March 2021. In the circumstances, this Court
is of the view that time can be granted to the petitioner on
conditions.
The writ petition is accordingly disposed of directing
the petitioner to remit the outstanding amount to the
respondent in 10 equal monthly instalments commencing from
15.04.2021. If the petitioner commits default in repayment of
two consecutive instalments, the respondent will be at liberty
to proceed against the petitioner in accordance with law.
Sd/-
N. NAGARESH, JUDGE
aks/24.03.2021
WP(C) No.7338/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 07.08.2020
IN WPC NO.16139/2020.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
27.01.2021 ISSUED BY THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF RECEIPT DATED 12.03.2021
ISSUED BY THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
13.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT.
SR
