Kerala High Court
Adv. Rathish H vs Kerala State Financial ... on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 21153 OF 2021
PETITIONERS:
1 ADV. RATHISH H,
VENATTU HOUSE,
KUTTIPPUZHA, KUNNUKARA,
ERNAKULAM DISTRICT - 683578
2 SANTHI SASIDHARAN,
W/O.ADV. RATHEESH H,
VENATTU HOUSE,
KUTTIPPUZHA, KUNNUKARA,
ERNAKULAM DISTRICT - 683578.
BY ADV SRI.FEBIN J.VELUKARAN
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
ATHANI BRANCH, ERNAKULAM DISTRICT-683 585
REPRESENTED BY ITS BRANCH MANAGER.
2 THE HEAD MISTRESS,
ST.JOSEPHS HIGH SCHOOL,
NARANAMUZHI, ATTIKKAYAM,
RANNI, PATHANAMTHITTA DISTRICT-689645.
BY SRI.PRIJITH P., STANDING COUNSEL, KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.21153 of 2021 ..2..
W.P.(C)No.21153 of 2021
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JUDGMENT
The first petitioner was the subscriber of a chit run
by the Kerala State Financial Enterprises Limited (the KSFE).
On prizing the chit, the first petitioner has received the prize
money. The second petitioner, the wife of the first petitioner,
was the guarantor to the transaction. The first petitioner did
not, however, remit the latter instalments of the chit.
Proceedings have been, consequently, initiated by the KSFE
against the petitioners for realization of the amounts. Ext.P3 is
the notice issued by the KSFE to the petitioners in this regard.
This writ petition is instituted aggrieved by the steps taken by
the KSFE.
2. Heard the learned counsel for the petitioners
as also the learned Standing Counsel for the KSFE.
W.P.(C) No.21153 of 2021 ..3..
3. When the matter was taken up, the learned
counsel for the petitioners only prayed for indulgence of this
court to liquidate the liability in convenient instalments.
4. The learned Standing Counsel for the KSFE
submitted, on instructions, that the outstanding liability of the
first petitioner as on today comes to Rs.1,25,384/-. It was
also pointed out that the fist petitioner has to remit, in
addition, six instalments of the chit.
Having regard to the pleading of the petitioners
that the inability on the part of the first petitioner in remitting
the instalments of the chit was due to the fact that he was
infected with Covid-19 and that he is still undergoing treatment
for the same, I deem it appropriate to dispose of the writ
petition permitting the first petitioner to pay the further
instalments of the chit on time and to pay the arrears as on
today in ten equal monthly instalments commencing from
1.1.2022. Ordered accordingly. It is, however, made clear that
if the first petitioner commits default in remitting any one of
W.P.(C) No.21153 of 2021 ..4..
the instalments as directed, the KSFE would be at liberty to
realise the entire balance due in lump sum. Needless to say
that if the first petitioner remits the amount as directed above,
further proceedings pursuant to Ext.P3 shall be deferred.
Sd/-
P.B.SURESH KUMAR, JUDGE
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W.P.(C) No.21153 of 2021 ..5..
APPENDIX OF WP(C) 21153/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXTRACTS OF THE
RELEVANT PORTION OF THE CHITTY PASS
BOOK.
Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT
ISSUED BY THE 1ST RESPONDENT
PERTAINING TO PAYMENTS MADE IN THE
CHITTY ACCOUNT.
Exhibit P3 TRUE COPY OF THE ATTACHMENT/RECOVERY
ORDER ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT DIRECTING TO ATTACH
A PORTION OF 2ND PETITIONERS SALARY.
Exhibit P4 TRUE COPY OF THE SAID LETTER PREFERRED
BY THE 1ST PETITIONER TO THE 1ST
RESPONDENT DATED 24.09.2021.
