Vinod A vs Kerala State Financial ...
2022 Latest Caselaw 12640 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
                WP(C) NO. 43029 OF 2022
PETITIONER:

         VINOD A
         AGED 42 YEARS
         S/O A ARAVINDAKSHAN NAIR,
         NEW COTTAGE,
         NEELESWARAM P O,
         KOTTARAKKARA,
         NEDUVATHOOR,
         KOLLAM - 691505.

         BY ADVS.
         O.D.SIVADAS
         S.SUNIL NARAYANAN


RESPONDENTS:

    1    KERALA STATE FINANCIAL ENTERPRISES LIMITED
         (KSFE)
         REPRESENTED BY ITS BRANCH MANAGER,
         THRISSUR - 680020.

    2    THE MANAGER (REVENUE RECOVERY),
         OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR),
         KERALA STATE FINANCIAL ENTERPRISES LTD,
         KOLLAM - 680001.


         BY ADVS.
         SRI.SALIL NARAYANAN, STANDING COUNSEL
         SMT.ANIMA, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 30.12.2022, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.43029/2022
                                       :2:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.43029 of 2022

          `````````````````````````````````````````````````````````````
            Dated this the 30th day of December, 2022


                            JUDGMENT

~~~~~~~~~

The petitioner availed chitty from the Kerala State

Financial Enterprises Limited and repayment was defaulted

due to the shortage of funds. On account of the default

committed by the petitioner in paying the chitty, the 2 nd

respondent initiated proceedings to recover the amount from

the petitioner and his surety. The petitioner seeks instalment

facility to pay the entire dues of the Kerala State Financial

Enterprises Limited and to keep in abeyance the coercive

proceedings.

2. Standing Counsel entered appearance and

resisted the writ petition. The Standing Counsel pointed out

that in spite of repeated requests, the petitioner has failed to W.P.(C) No.43029/2022

clear the dues to the KSFE. As of now, an amount of

`3,16,296/- is due to the respondents from the petitioner.

3. I have heard the learned counsel for the petitioner

and the learned Standing Counsel for the respondents.

4. Going through the pleadings in the writ petition, it

is seen that the petitioner could not pay the monthly

instalments for certain reasons and that in spite of availability

of One Time Settlement Schemes, the petitioner is not in a

position to pay the arrears in lump. In the peculiar facts of

the case, I am of the opinion that the petitioner should be

given some time to clear the entire dues to the respondents

in instalments.

5. The writ petition is therefore disposed of with the

following directions:

(1) The petitioner shall be permitted to remit the entire amount due to the respondents along with accruing interest and other charges, if any, in 12 Equal Monthly Instalments.

W.P.(C) No.43029/2022

(2) The first instalment shall be paid on or before 15.01.2023 and the 11 balance instalments in consecutive 11 months.

(3) If the petitioner commits any default in paying instalment amounts as directed above, the respondents will be free to proceed against the petitioner in accordance with law.

(4) If the petitioner remits the 12 instalments as directed above, all coercive proceedings against the petitioner and his sureties shall stand deferred.

Sd/-

N. NAGARESH, JUDGE aks/04.01.2023 W.P.(C) No.43029/2022

APPENDIX OF WP(C) 43029/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 2.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE SURETY OF THE PETITIONER FOR AVAILING THE CHITTY.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 20.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.