Abdurahman vs Kerala State Financial ...
2021 Latest Caselaw 19292 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
                             1943
                   WP(C) NO. 18923 OF 2021
PETITIONER:

           ABDURAHMAN,
           S/O KUNHABDULLA MUSLIYAR, ELLATH HOUSE,
           KARANTHODE P.O, KOZHIKODD DISTRICT.
           BY ADV A.ABDUL RAHMAN (A-1917)


RESPONDENTS:

    1      THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
           (KALLACHI BRANCH), REPRESENTED BY ITS MANAGER,
           KOZHIKODE, KERALA-673001.
    2      HARIS P.P.,
           AGED 36 YEARS, S/O KUNHISOOPPI, PUTHAN PURAYIL
           HOUSE, VADAKARA, KALLACHI, NADAPURAM,
           KOZHIKODE DISTRICT, PIN-673506.


           SRI. SALIL NARAYANAN K.A SC

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18923 of 2021                2




                    W.P.(C) No.18923 of 2021
              -----------------------------------------------
                            JUDGMENT

The petitioner was a guarantor to the chitty loan availed

by the second respondent from the first respondent, the Kerala State

Financial Enterprises Limited (the KSFE). The second respondent

committed default in remitting the instalments of the chitty loan and

also the subscription of the chitty. Proceedings have, therefore,

been initiated against the petitioner and the second respondent for

realisation of the amounts due in respect of the chitty loan. The

petitioner is aggrieved by the said proceedings and hence this writ

petition.

2. Heard the learned counsel for the petitioner as also

the learned Standing Counsel for the KSFE.

3. The learned Standing Counsel for the KSFE

submitted, on instructions, that a sum of Rs.14,28,009/- is

outstanding in the chitty loan account availed by the second

respondent.

4. The learned counsel for the petitioner then pointed

out that he is prepared to liquidate the liability, if convenient

instalments are given to him.

Having regard to the facts and circumstances of the case

as also 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 the chitty

loan account in 15 equal monthly instalments commencing from

01.10.2021. Ordered accordingly. Needless to say that if the

petitioner commits default in payment of any one of the instalments,

the KSFE would be free to realise the amounts due in lump sum.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 18923/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE IN CHITTI LOAN NO NLC 2297, 27/16-19 DATED 04.08.2021 ISSUED BY THE 1ST RESPONDENT.