Krishnadasan. T vs Kerala State Financial Enterprises ...
2023 Latest Caselaw 12870 Ker

Kerala High Court

Krishnadasan. T vs Kerala State Financial Enterprises ... on 8 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       WP(C) NO. 41229 OF 2023
PETITIONER:

          KRISHNADASAN T.
          AGED 56 YEARS
          S/O.MEENAKSHI, THATTARAKKAL HOUSE, KUNNAMANGALAM P.O
          KOZHIKODE, PIN - 673571
          BY ADVS.
          P.JERIL BABU
          SRINATH GIRISH
          PRASUDHA.S


RESPONDENTS:

    1     KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
          KOZHIKODE EVENING BRANCH KOZHIKODE
          REP. BY ITS MANAGER, PIN - 673001
    2     SPECIAL DEPUTY TAHASILDAR (RR)
          KSFE, KALLAI ROAD, KOZHIKODE, PIN - 673002
          BY ADV P.C.ANIL KUMAR

          GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41229 OF 2023              2

                              JUDGMENT

When this matter was called today, Sri.P.C.Anil Kumar - learned

Standing Counsel for the respondent - KSFE, submitted that, the total

outstanding in the loan account of the petitioner, as on 31.11.2023, is

Rs.26,25,561/-; and that if he is willing to pay the same in not more

than 24 equal monthly installments, his client will not stand in the way

of this Court disposing of this writ petition on such terms.

2. Sri.P.Jeril Babu - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the loan

account, namely, Rs.26,25,561/- as on 31.11.2023, with all applicable

charges and interest, in 24 equal monthly installments commencing

from 10.01.2024. If this is done, the respondent - KSFE shall close the

loan account and return the security documents to him, on proper

receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Exts.P1 and P2 will stand

deferred; but if he defaults payment of two consecutive installments as

ordered above, the respondent - KSFE will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount as per

law, without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/8.12

APPENDIX OF WP(C) 41229/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICES IN RRC NO: 2022/10479/11, DATED 03-07-2023 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 Exhibit P2 A TRUE COPY OF THE DEMAND NOTICES IN RRC NO: 2023/5862/11, DATED 02-11-2023 UNDER SECTION 7 AND 34 OF THE REVENUE RECOVERY ACT Exhibit P3 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 02-12-2023