Mali Vijayan vs The Kerala State Financial ...
2022 Latest Caselaw 6795 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 18717 OF 2022
PETITIONER/S:

          MALI VIJAYAN
          AGED 50 YEARS
          D/O. K.SETHU, MALI HOUSE, KOLAYIL ACCADAMY, PAMPURAM,
          PARIPPALLY, KALLUVATHUKKAL, KOLLAM -- 691578
          BY ADVS.
          PRATHEESH.P
          ANJANA KANNATH
          T.S.SREEKUTTY


RESPONDENT/S:

    1     THE KERALA STATE FINANCIAL ENTERPRISES LTD.
          THRISSUR,

          REPRESENTED BY ITS MANAGING DIRECTOR - 680 003
    2     REGIONAL MANAGER,
          KSFE LTD., KSFE BUILDING, KOLLAM-691001
    3     SPECIAL DEPUTY THAHASILDAR (RR),
          KSFE LTD., KOLLAM-691001.
    4     THE MANAGER,
          KSFE, KOLLAM MAIN BRANCH, KOLLAM-691001.
OTHER PRESENT:

          SC SALIL NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18717 OF 2022
                                   2

                              JUDGMENT

Dated this the 14th day of June, 2022

The petitioner, along with her son, availed a loan from the 4 th

respondent and defaulted the repayment. This resulted in revenue

recovery proceedings being initiated against the petitioner and her

properties. The only request of the petitioner is for an opportunity

for repaying the loan amount in reasonable installments and to

keep the recovery initiated against her property in abeyance.

Learned Standing Counsel for the 1st respondent submitted

that as on 6.5.2022, the petitioner was liable to pay Rs.42,19,311/-

with interest and even if the petitioner is permitted to repay the

amount in installments that should be limited to twelve that too

subject to the petitioner making substantial payment up front.

Learned counsel for the petitioner submitted that, taking into

account of the prevailing circumstances and the financial

difficulties faced by many due to the pandemic and lockdown, the

petitioner should be permitted to repay the amount in fifteen

installments.

Accordingly, the writ petition is disposed of, directing the

petitioner to remit an amount of Rs.8,00,000/- on or before WP(C) NO. 18717 OF 2022

30.6.2022 and the balance amount in twelve equated monthly

installments, to be remitted before the 30th of every succeeding

month. Default in remitting any one installment will result in the

benefit granted by this judgment being withdrawn and the 1st

respondent being at liberty to continue with recovery proceedings.

As long as the amount is remitted without default, the recovery

proceedings based on Exts.P1 to P4 shall be kept on hold.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 18717 OF 2022

APPENDIX OF WP(C) 18717/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RECOVERY PROCEEDINGS INITIATED AGAINST THE PETITIONER BY THE 3RD RESPONDENT DATED 17.5.2022 Exhibit P2 THE TRUE COPY OF THE RECOVERY PROCEEDINGS INITIATED IN THE LOAN ACCOUNT NO.57/2017-31 FOR AND AMOUNT OF RS.10,59,450/- DATED 17.5.2022 Exhibit P3 THE TRUE COPY OF THE RECOVERY PROCEEDINGS INITIATED IN THE LOAN ACCOUNT NO.57/2017-31 FOR AND AMOUNT OF RS.7,31,852/- DATED 17.5.2022 Exhibit P4 THE TRUE COPY OF THE RECOVERY PROCEEDINGS INITIATED BY THE 3RD RESPONDENT DATED 17.5.2022