M.R.Nizarudeen vs Kerala State Financial ...
2023 Latest Caselaw 2074 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944

                          WP(C) NO. 3297 OF 2023

PETITIONER/S:

             M.R.NIZARUDEEN
             AGED 53 YEARS
             S/O.MUHAMMED RASHEED, NOUFAL COTTAGE, NEAR PUBLIC
             MARKET, VENJARAMOODU P.O., THIRUVANANTHAPURAM P.O.,
              PIN - 695 607.
             BY ADVS.
             M.ZIYAD
             S.JATHIN DAS


RESPONDENT/S:

     1       KERALA STATE FINANCIAL ENTERPRISES LTD.,
             KSFE HEAD OFFICE, CHEMBUKKAVU, THRISSUR -680 020.
             REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020
     2       THE BRANCH MANAGER
             KERALA STATE FINANCIAL ENTERPRISES LTD., KARETTE BRANCH,
             PPK BUILDING, VAMANAPURAM P.0., THIRUVANANTHAPURAM,
              PIN - 695 606.
     3       THE BRANCH MANAGER
             KERALA STATE FINANCIAL ENTERPRISES LTD., VENJARAMOODU
             BRANCH, VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695 607.



             SRI.SALIL NARAYANAN. K.A, SC



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

     03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 3297/2023           :2:



                            SHAJI P. CHALY, J.
           ---------------------------------------------------------
                           W.P.(C). No. 3297 of 2023
           ---------------------------------------------------------
                 Dated this the 3RD day of February, 2023.

                                JUDGMENT

The petitioner is a subscriber of few chitties conducted by the

Kerala State Financial Enterprises Ltd., Karette and Venjaramoodu

Branch, Thiruvananthapuram. According to the petitioner, chitties

were prized in his favour and the chit amounts were released on

furnishing security of immovable property. However, the petitioner

defaulted repayment, consequent to which recovery action was

initiated to recover the entire amount due with interest and other

charges.

2. Thereupon, the petitioner approached this Court by filing W.P.

(C) No. 31303 of 2022,which was disposed of as per Exhibit P1

judgment dated 21.10.2022 permitting him to approach the Managing

Director, Kerala State Financial Enterprises Ltd., with a request for

extension of the time limit stipulated in the order dated 06.08.2022

passed in the Adalath. Thereafter, Exhibit P3 order dated 04.01.2023

was passed by the Deputy General Manager (Recovery), whereby the

petitioner was directed to pay 30% of the amount along with interest

so as to grant more time to the petitioner for the repayment of the

entire dues on receipt of the said amount. Anyhow, apprehending

coercive action, this writ petition is filed seeking a direction for

permitting him to remit the amount as agreed by the respondents in

the adalath in 10 equated monthly instalments.

3. The relief sought for by the petitioner to pay off the amounts

settled in adalat in ten instalments, is stoutly opposed by the learned

Standing Counsel for the KSFE and submits that the petitioner will

have to pay the entire amounts in accordance with the chit agreement

executed by him, and that no relaxation can be granted to the

agreement.

4. I have heard the learned counsel for the petitioner Sri. Ziyad

M. and the learned Standing Counsel for the KSFE Sri. Salil Narayanan,

and perused the pleadings and materials on record.

5. The learned Standing Counsel submitted that the petitioner

may be permitted to pay the entire outstanding amount in reasonable

instalments. The learned counsel for the petitioner sought 20 monthly

instalments to pay off the entire outstanding amount against the

chitties in question.

6. Taking into account the adverse financial circumstances and

the economic and other crisis prevailing, I think, it is only appropriate

that the petitioner is permitted to repay the entire amount in 15

instalments.

Accordingly, this writ petition is disposed of directing the

petitioner to pay off the entire outstanding amount in 15 equated

monthly instalments starting from 10.02.2023, and the subsequent

instalments shall be paid on the corresponding dates of the succeeding

months. I make it clear that if any one of the instalments is defaulted,

the Kerala State Financial Enterprises Ltd. will be at liberty to take

appropriate action to recover the amount in lump.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 3297/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER DATED 21.10,2022 IN WPC NO. 31303 OF 2022 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 04.01.2023.

RESPONDENTS' EXHIBITS: NIL

True Copy

PS To Judge.

rv