Kerala High Court
Rajeev G vs The Managing Director on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022/27TH MAGHA, 1943
WP(C) NO. 5096 OF 2022
PETITIONER:
RAJEEV G
AGED 43 YEARS
S/O GOPALAKRISHNA PILLAI,
BINU BHAVAN,
MUTHUPILAKKADU WEST,
SASTHAMCOTTA VILLAGE,
KUNNATHUR TALUK,
KOLLAM DISTRICT. , PIN - 690521
BY ADVS.
K.V.ANIL KUMAR
RADHIKA S.ANIL
RESPONDENTS:
1 THE MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LTD.,
HEAD OFFICE, THRISSUR., PIN - 680684
2 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD.,
KADAMPANADU BRANCH, KOLLAM DISTRICT.,
PIN - 691552
SRI.ANILKUMAR PC, SC FOR KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5096/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.5096 of 2022
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Dated this the 16th day of February, 2022
JUDGMENT
~~~~~~~~~
The petitioner, who has subscribed a Chitty with
the Kerala State Financial Enterprises Limited, is before this
Court seeking to quash Ext.P2 notice and to direct the
respondents to consider Ext.P3 request of the petitioner to
provide instalment facility to pay the seven months overdue
amount.
2. The petitioner states that he received price money
of Chitty No.20/2020-10 from the 2nd respondent on
22.02.2021. The monthly subscription amount is ₹1 lakh and
the subscription period is 40 months. The petitioner has
given his residential property as security.
W.P.(C) No.5096/2022
3. Due to Covid-19 pandemic and the consequential
social and financial issues, the petitioner could not remit
certain instalments. In the meanwhile, the respondents are
taking coercive proceedings for recovery of the amount. The
respondents have threatened the petitioner with Revenue
Recovery proceedings.
4. The petitioner states that he could not make
prompt repayment due to Covid-19 pandemic and its
consequences. If a breathing time is given to the petitioner,
he can wipe off the overdue amount.
5. The learned Standing Counsel for the respondents
submitted that the petitioner has to pay an overdue amount
of ₹8,09,508/- as on date. If the petitioner is ready to remit
the overdue amount within a reasonable time in instalments,
his request can be considered.
6. In view of the facts and circumstances as stated
above, this Court is of the view that the petitioner should be
given reasonable time to wipe off the overdue amount.
W.P.(C) No.5096/2022
Accordingly, the writ petition is disposed of
permitting the petitioner to repay the overdue amount of
₹8,09,508/- along with accruing interest, if any, in eight equal
monthly instalments, the first of which shall be paid on or
before 15.03.2022. Needless to say, the petitioner shall
continue to pay the regular monthly instalments along with
the aforesaid instalments promptly. If the petitioner commits
two consecutive default in remitting the eight instalments, the
respondents will be at liberty to proceed against the
petitioner in accordance with law.
Sd/-
N. NAGARESH, JUDGE
aks/16.02.2022
W.P.(C) No.5096/2022
APPENDIX OF WP(C) 5096/2022
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED BY THE 2ND
RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE NOTICE DATED
30.11.2021 ISSUED BY THE 2ND
RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE REQUEST DATED
11.02.2022 BEFORE THE 2ND RESPONDENT.
