Jith Jose vs Kerala State Financial ...
2022 Latest Caselaw 2120 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                          WP(C) NO. 5438 OF 2022
PETITIONER:

              JITH JOSE
              AGED 34 YEARS
              ELAMKUNNAPUZHA HOUSE,
              KORATTY, MURINGOOR THEKKUMURI, THRISSUR DISTRICT
              THRISSUR, PIN - 680308
              BY ADVS.
              C.A.CHACKO
              ALEKH THOMAS
              C.M.CHARISMA
              BABU V.P.


RESPONDENTS:

     1        KERALA STATE FINANCIAL ENTERPRISES LTD
              REGISTERED OFFICE, BHADRATHA, P.B.NO.510, MUSEUM ROAD,
              CHEMBUKKAVU,
              THRISSUR, PIN - 680020
              REPRESENTED BY ITS MANAGER
     2        THE BRANCH MANAGER
              KERALA STATE FINANCIAL ENTERPRISES LTD. (KSFE LTD.),
              CHALAKKUDY MAIN BRANCH, PRIVATE BUS STAND BUILDING,
              SOUTH CHALAKKUDY, THRISSUR
              THRISSUR, PIN - 680307
              BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5438 OF 2022                 2




                            JUDGMENT

Dated this the 24th day of February, 2022

The petitioner joined a Chitty under the 2nd respondent.

The Chitty amount was `14,00,000/- and it was prized in favour

of the petitioner. Though the petitioner availed the prized

money and remitted about ten monthly instalments promptly,

the subsequent instalments fell into arrears due to Floods and

Covid-19 situation that engulfed Kerala. Therefore, the

petitioner could not remit the balance amount, contends the

petitioner.

2. The respondents issued Exts.P1 and P2 notices to

the petitioner claiming that the petitioner should repay the

entire amount together with 12% interest. It was threatened

that the property of the petitioner's brother in Survey No.46/6 in

Muringoor Thekkummuri Village will be put in auction towards

recovery. The petitioner is before this Court seeking a short

time to repay the amount.

3. The learned counsel for the petitioner submits that if

a reasonable time is granted to the petitioner, the petitioner will

be able to remit the entire dues in instalments. If the property of

the petitioner's brother is proceeded against, the petitioner and

his brother will be put to untold hardship and loss.

4. The Standing Counsel for respondents appeared in

the matter and contested the writ petition. The Standing

Counsel submitted that the petitioner is a persistent defaulter in

making payments. The petitioner has not remitted Monthly

Instalments for a long period. It was only after giving due notice

to the petitioner that the respondents decided to initiate

coercive steps for recovery of the money. The outstanding

amount is more than `16 lakhs. However, if the petitioner is

able to make a substantial amount towards repayment within

one month, breathing time can be granted to the petitioner for

remitting the balance amount in instalments.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

6. The fact that the petitioner has availed the money

and failed to remit the instalments is not in dispute. According

to the petitioner, the remittances were defaulted in view of the

pandemic situation in Kerala. Taking into consideration the

facts and circumstances of the case, this Court is of the view

that the petitioner can be granted breathing time to repay the

amount provided the petitioner makes a substantial payment

now.

7. Accordingly, the writ petition is disposed of with the

following directions:

1) The petitioner shall deposit an amount of

`5,00,000/- on or before 31.03.2022.

2) The balance amount due from the petitioner along

with accrued interest and other charges, if any, shall be paid in

ten Equal Monthly Instalments thereafter.

3) If the petitioner makes two consecutive defaults in

making remittances as directed above, the respondents will be

at liberty to proceed against the petitioner, in accordance with

law.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 5438/2022

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF NOTICE DATED 25/1/2022 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit2 TRUE COPY OF NOTICE DATED 25/1/2022 ISSUED BY 2ND RESPONDENT TO PETITIONER'S BROTHER ALJO JOSE Exhibit3 TRUE COPY OF COMMUNICATION DATED 2/2/2022 ISSUED BY 2ND RESPONDENT

RESPONDENT'S EXHIBITS NIL