Kerala High Court
Smt. Sushama A P vs State Of Kerala on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
1944
WA NO. 1778 OF 2022
WP(C)NO.34143/2022 OF HIGH COURT OF KERALA
APPELLANT:
SMT. SUSHAMA A. P.,
AGED 35 YEARS,
W/O: MR. RIJESH KUMAR,
ARATTUPARAMBIL HOUSE, THIRUVANGUR POST,
KOZHIKODE, KERALA,, PIN - 673 304.
BY ADV I.P.SREEKANTH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT,
DEPARTMENT OF FINANCE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE CHAIRMAN,
THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
"BHADRATHA", MUSEUM ROAD, PB NO.510,
THRISSUR, KERALA, PIN: 680 020.
3 THE MANAGING DIRECTOR,
THE KERALA STATE FINANCIAL ENTERPRISES LTD.
"BHADRATHA", MUSEUM ROAD, PB NO.510,
THRISSUR, KERALA, PIN - 680 020.
4 THE GENARAL MANAGER,
THE KERALA STATE FINANCIAL ENTERPRISES LTD.
"BHADRATHA", MUSEUM ROAD, PB NO.510, THRISSUR,
KERALA,, PIN - 680 020.
5 THE REGIONAL MANAGER,
REGIONAL OFFICE, KOZHIKODE URBAN (994),
THE KERALA STATE FINANCIAL ENTERPRISES LTD,
ARADHANA KAMALA BUILDING, P.B. NO.555, KALLAI
ROAD, KOZHIKODE, KERALA,, PIN - 673 002.
W.A.No.1778 of 2022
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6 THE BRANCH MANAGER,
THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
(UNIT08), JAYANTHI BUILDING, PALAYAM, KOZHIKODE,
KERALA, PIN - 673 001.
7 THE INSURANCE MEDICAL OFFICER,
ESI DISPENSARY, CHERUVANNUR, FEROKE, KOZHIKODE,
PIN - 673 631.
8 THE HEAD MASTER
THE GOVT UP SCHOOL, VELLAYIL WEST, KOZHIKODE,
PIN - 673 032.
SRI.P.C.ANIL KUMAR, STANDING COUNSEL
SRI. K.A. HARISH, SR. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1778 of 2022
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K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.A.No.1778 of 2022
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Dated this the 2nd day of December, 2022
JUDGMENT
K.Vinod Chandran, J.
The appellant is before this Court seeking interference to
the judgment of the learned Single Judge which granted
twelve installments to settle the balance liability of
Rs.33,33,457/-.
2. The learned Standing Counsel for the Kerala State
Financial Enterprises at the out set points out that the amount
stated is a mistake and that it would be evident from Ext.P8
produced by the petitioner himself.
3. The learned Counsel for the petitioner/appellant
contends before us that though the loan of Rs.5,00,000/- was
availed in 2018, a lump sum payment of Rs.3,00,000/- was
made in 2019. However, the KSFE kept it in a suspense
account and disbursed it periodically, as EMIs to the loan
account. It is in such circumstance that the petitioner was
W.A.No.1778 of 2022
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before this Court, which the learned Single Judge did not
consider. The learned Counsel for the KSFE however points out
Ext.P8, where the said anomaly has been settled amicably. It
is pointed out that despite the lump sum amount being
adjusted as on the date of its payment, the appellant failed to
remit the installments granted. Subsequently by a new loan,
the amounts due as on 14.1.2019, the date on which the lump
sum payment was made, and the future interest was
computed. The petitioner was also granted 51 installments
starting from 18.8.2022 which the petitioner failed to comply
with.
4. Having gone through Ext.P8 we are convinced that
the amount stated by the learned Single Judge was an
inadvertent mistake. But for the installments granted there is
nothing to be interfered with in the impugned judgment. We
see that the KSFE has re-worked the loan by deducting the
lump sum remittance and the amount remitted till 14.1.2019,
from the principal amount. Together with the interest accrued
till such date the balance amount comes to Rs.1,51,623/-
W.A.No.1778 of 2022
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which is treated as the principal amount for the new loan
which has been granted 51 installments. The future interest
from 14.1.2019 has to be added on to the amounts remaining
due as on 14.1.2019. The total amount comes to
Rs.2,49,982/- which was also offered as a pre-closure amount
as on 18.7.2022 failing which the installments should
commence from 18.8.2022.
5. In such circumstances, Rs.10,000/- will be adjusted
from the salary of this month against the defaulted
installment. The balance of the 4 installments falling due on
18.8.2022 to 18.11.2022 would be satisfied before
17.12.2022. We also make it clear that the appellant would
remit the installments falling due from 18.12.2022. If the
balance amount as directed herein is not paid before
17.12.2022 and if any one installment is defaulted, the
respondent KSFE would be entitled to again seek for deduction
from the salary. The extension of benefit in this judgment
would accrue to the appellant if and only if a fresh salary
certificate is produced along with an undertaking to deduct
W.A.No.1778 of 2022
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from the salary; on or before 10.1.2023.
The writ appeal is disposed of as above.
Sd/-
K.Vinod Chandran, Judge
Sd/-
C.Jayachandran, Judge
ak
W.A.No.1778 of 2022
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APPENDIX:
APPELLANT'S EXHIBITS:
EXHIBIT P3-A EXBT P3-A: TRANSLATED COPY
OF EXBT P3 NOTICE ISSUED
TO PETTIONER
EXHIBIT P4-A EXBT P4-A: TRANSLATED COPY
OF EXBT P4 DEMAND NOTICE
EXHIBIT P5-A EXBT P5-A: TRANSLATED COPY
OF EXBT P5 DEMAND NOTICE
EXHIBIT P8-A EXBT P8-A: TYPEWRITTEN
COPY OF EXBT P8
EXHIBIT P10-A EXBT P10-A: TRANSLATED
COPY OF EXBT P10 NOTICE
EXHIBIT P11-A EXBT P11-A: TRANSLATED AND
TYPEWRITTEN COPY OF EXBT
P11-A
RESPONDENTS EXHIBITS: NIL
