Sundararaj.V vs Kerala State Financial ...
2022 Latest Caselaw 8037 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                             WP(C) NO. 21169 OF 2022
PETITIONER:

              SUNDARARAJ.V
              AGED 47 YEARS, VELAYUDHAN SOUNDER,
              NIVAS KOORANKADU, MENONPAR 678 556

              BY ADV. DIVYA B.NAIR


RESPONDENTS:

     1        KERALA STATE FINANCIAL ENTERPRISES
              PALAKKAD- 678 001

     2        THE SPECIAL DEPUTY TAHSILDAR (RR)
              KERALA STATE FINANCIAL ENTERPRISES,
              PALAKKAD - 678001


              BY ADV. K.A.SALIL NARAYANAN, STANDING COUNSEL FOR KSFE



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21169 OF 2022
                                                2




                                    JUDGMENT

Dated this the 29th day of June, 2022

The petitioner after prizing 3 chitties conducted by

the 1st respondent Kerala State Financial Enterprises

(KSFE), committed default. This resulted in the KSFE

initiating recovery proceedings, which has now reached

the stage of Section 7 notice. This writ petition is filed

seeking a direction to the respondents to permit the

petitioner to repay the amount in reasonable

installments.

2. Learned Counsel for the petitioner submitted

that the delay is not willful and the petitioner is willing to

pay an amount of Rs.5,00,000/- to prove his bona fides.

3. Learned Standing Counsel for the KSFE

submitted that, as on 30.06.2022, an amount of

Rs.69,01,195/- is due from the petitioner and even if

installment facility granted, that should be limited to the

minimum.

Taking into account the adversities faced by the

public due to COVID-19 and resultant lockdown, I am

inclined to grant the facility of repayment of the amount WP(C) NO. 21169 OF 2022

in installments. Accordingly, the writ petition is disposed

of as under;

i. The petitioner shall remit an amount of

Rs.5,00,000/- (Rupees five lakh only) on or before

12.07.2022.

ii. The entire balance amount along with interest and

cost, shall be paid in 15 equated monthly

installments.

Iii. The 1st installment shall be paid on or before

12.08.2022 and the balance installments, before

the 12th day of every succeeding month.

iv. Default in the initial payment of Rs.5,00,000/- or in

any of the installments will result in the benefit of

this judgment being withdrawn and the KSFE being

at liberty to proceed with recovery.

v. If the amounts are paid without default, recovery

based on Ext.P6 shall be kept in abeyance.

Sd/-

V.G.ARUN

JUDGE NB/29-6 WP(C) NO. 21169 OF 2022

APPENDIX OF WP(C) 21169/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RR NOTICE DATED 14-6-2022 ISSUED BY THE 2ND RESPONDENT FOR RS.25,35,882/-

EXHIBIT P1(a) TRUE COPY OF THE RR NOTICE DATED 14-6-2022 ISSUED BY THE 2ND RESPONDENT FOR RS.12,07,314/-

EXHIBIT P1(b) TRUE COPY F THE RR NOTICE DATED 14-6-2022 ISSUED BY THE 2ND RESPONDENT FOR RS.21,90,733/-

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE