Subin Paul vs Kerala State Financial ...
2023 Latest Caselaw 1647 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                        WP(C) NO. 1108 OF 2023
PETITIONERS:

    1       SUBIN PAUL
            AGED 44 YEARS, POONELLIL HOUSE,
            PULLUVAZHY (P.O), PERUMBAVOOR, PIN - 683541
    2       ANU GEORGE
            AGED 39 YEARS, W/O.SUBIN PAUL, POONELLIL HOUSE,
            PULLUVAZHY (P.O), PERUMBAVOOR., PIN - 683541
            BY ADV C.AJITH KUMAR


RESPONDENTS:

    1       KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
            'BHADRATHA', P.B NO.510, MUSEUM ROAD, THRISSUR,
            REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 680020
    2       THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
            PERUMBAVOOR BRANCH, PERUMBAVOOR, REPRESENTED BY
            MANAGER, PIN - 683541
    3       THE SPECIAL DEPUTY TAHSILDAR,
            REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES
            LTD., ERNAKULAM., PIN - 682018
            BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

            SRI.P.C.ANILKUMAR,SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1108 of 2023
                                               2




                                   JUDGMENT

Dated this the 27th day of January, 2023

The petitioners availed two personal loans and two chitty

loans from the Kerala State Financial Enterprises Limited.

Admittedly, default was committed by the petitioner

consequent to which action was initiated as per the provisions

of the Kerala Revenue Recovery Act. At that point of time

petitioner approached this Court by filing W.P.(C)

No.31276/2022, and as per Ext.P7 judgment dated 11 th

October, 2022 the said writ petition was disposed of with the

following directions.

"The writ petition is accordingly disposed of, permitting the petitioners to submit an application before the One Time Settlement Committee. If such an application is filed within ten days, the same shall be considered and a reasoned decision taken by the Committee, as expeditiously as possible. If the application filed within the ten days, further proceedings based on Exts.P1 to P4 shall be kept on hold till the Committee takes a decision."

W.P.(C) No.1108 of 2023

2. According to the petitioner, the committee for One

Time Settlement scheme granted three months time to pay the

outstanding amounts and thereafter it was extended upto

31.12.2022; however, the petitioner could remit only an

amount of Rs.23 lakhs against an outstanding OTS amount of

Rs.58 lakhs. Is thus seeking further extension of time to remit

the amount under the OTS scheme, the writ petition is filed.

3. Pending the writ petition, the petitioner has filed I.A

No.1/2023 and along with the same Ext.P10 representation

submitted to the Branch Manager, Kerala State Financial

Enterprises Limited, Thrissur is also produced. Even though

learned counsel for the petitioners submitted that the time may

be extended upto 31.03.2023 enabling the petitioners to pay

the balance outstanding under the OTS scheme, the learned

Standing Counsel appearing for the respondent objected to the

same and submitted that the OTS committee is disbanded, and

therefore no committee exists in order to extend the time as is

sought for by the petitioners. At that point of time learned

counsel for the petitioners submitted that it would suffice if a

direction is issued to consider Ext.P10 representation dated

18.01.2023.

W.P.(C) No.1108 of 2023

In that view of the matter, the writ petition is disposed of

directing the 1st respondent to consider Ext.P10 representation

at the earliest, and at any rate, within three weeks from the

date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.1108 of 2023

APPENDIX OF WP(C) 1108/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO.CHITTY-45/2016-A/28 OF 1ST PETITIONER Exhibit-P2 TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF THE AMOUNT DUE UNDER LOAN ACCOUNT NO.CHITTY-1/2018-A/35 OF THE 1ST PETITIONER.

Exhibit-P3 TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF THE AMOUNTS DUE UNDER PERSONAL LOAN ACCOUNT NO.KPL-1789 OF 1ST PETITIONER Exhibit-P4 TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER FOR REALIZATION OF THE AMOUNTS DUE UNDER THE PERSONAL LOAN ACCOUNT NO.KPL- 1848.

Exhibit-P5 TRUE COPY OF THE LETTER DATED 26/07/2022 ISSUED TO THE 1ST PETITIONER IN THE ADALAT OF 1ST RESPONDENT Exhibit-P6 TRUE COPY OF THE AGREEMENT FOR SALE DATED 18/06/2022 ENTERED INTO BY 1ST PETITIONER WITH JOY.P.M AND MINI JOY Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 11/10/2022 IN W.P (C) NO.31276/2022 Exhibit-P8 TRUE COPY OF THE LETTER DATED 19/11/2022 ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT Exhibit-P9 TRUE COPY OF THE CUSTOMER ACKNOWLEDGEMENT, EVIDENCING THE PAYMENT BY THE PETITIONERS. Exhibit P10 TRUE COPY OF LETTER DATED 18/01/23 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT