K.P. Leena vs Kerala Financial Enterprises ...
2021 Latest Caselaw 20959 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                     WP(C) NO. 21199 OF 2021
PETITIONER:

            K.P. LEENA, AGED 50 YEARS
            W/O. MURALEEDHARAN K.V., POORNASHRI HOUSE,
            MANNUTHI, OLLUKKARA, THRISSUR-680655.

            BY ADVS.
            SAIJO HASSAN
            BENOJ C AUGUSTIN
            RAFEEK. V.K.
            U.M.HASSAN
            P.PARVATHY



RESPONDENT:

            KERALA FINANCIAL ENTERPRISES LIMITED
            CHEMBUKKAVU BRANCH, MUSEUM ROAD, THRISSUR-680
            020, REPRESENTED BY IS MANAGER.


OTHER PRESENT:

            SC,KSFE - ANIL KUMAR




     THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   06.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.21199 of 2021                ..2..




                      W.P.(C) No.21199 of 2021
                -----------------------------------------------


                                JUDGMENT

Petitioner, who was a subscriber of a chit run by the

Kerala State Financial Enterprises Limited (the KSFE) has

availed a loan on the security of the said chit from the KSFE.

Admittedly, the instalments of the said loan have not been

paid by the petitioner as agreed. Proceedings have been

consequently initiated by the KSFE for realisation of the

balance outstanding in the loan account. The petitioner has

approached this Court aggrieved by the said proceedings.

2. When this matter was taken up, the learned

counsel for the petitioner only prayed for indulgence of this

court to permit the petitioner to pay the outstanding liability in

the loan account in convenient instalments.

3. The learned Standing Counsel for the KSFE, on

instructions, pointed out that as on today, the outstanding

liability in the loan account of the petitioner is Rs.3,60,524/-.

W.P.(C) No.21199 of 2021 ..3..

Having regard to the pleadings of the petitioner, and

the orders passed by this Court in similar and identical writ

petitions, I deem it appropriate to dispose of the writ petition

permitting the petitioner to pay the outstanding liability in 12

equal monthly instalments commencing from 16.10.2021.

Ordered accordingly. If the petitioner remits the dues as

permitted, further proceedings for realisation of the amount

from the petitioner shall be deferred. It is made clear that if

the petitioner commits default in payment of any one of the

instalments, the KSFE would be at liberty to realise the entire

amount in lump.

Sd/-

                                   P.B.SURESH KUMAR, JUDGE

ds 06.10.2021
 W.P.(C) No.21199 of 2021         ..4..




                  APPENDIX OF WP(C) 21199/2021

PETITIONER EXHIBITS

Exhibit P1             TRUE COPY OF NOTICE DATED 13.9.2021
                       ISSUED BY THE RESPONDENT TO THE

PETITIONER UNDER REVENUE RECOVERY ACT.