Subair Thundiyil vs The Kerala State Financial ...
2023 Latest Caselaw 667 Ker

W.P.(C) No.690 of 2023                       1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
      THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                                WP(C) NO. 690 OF 2023
PETITIONER:

              SUBAIR THUNDIYIL,
              MUBARAQ MANZIL, IRIVERI, KANNORE-670613, PIN - 670613
              BY ADV VIJAYAKUMARI


RESPONDENTS:

      1       THE KERALA STATE FINANCIAL ENTERPRISES LTD,
              REPRESENTED BY THE BRANCH MANAGER, KANNORE BRANCH-II,
              KOOTHUPARAMBU ROAD, THANA, ELAYAVOOR, KANNORE-670002,
              PIN - 670002
      2       SPECIAL DEPUTY TAHSILDAR(R R),
              REGIONAL OFFICE, K S F E LTD, KALLAI ROAD, KOZHIKODE-
              683002, PIN - 683002
              BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.


OTHER PRESENT:

              SC P.PRIJITH



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,          THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.690 of 2023                   2


                                    V.G.ARUN J.
                         -------------------------------------
                            W.P.(C) No.690 of 2023
                          ---------------------------------
                    Dated this the 12th day of January 2023

                                     JUDGMENT

The petitioner subscribed for five chits conducted by the KSFE

and defaulted repayment after receiving the prized money.

Consequently, the KSFE initiated recovery measures. Hence, this writ

petition.

2. I heard Adv.Vijayakumari, learned Counsel for the petitioner

and Adv.P.Prijith learned Standing Counsel for the KSFE.

3. Learned Counsel for the petitioner submitted that the default

was not wilful and the petitioner has proved his bona fides by

settling a personal loan availed from the KSFE.

4. Learned Standing Counsel for the K.S.F.E. pointed out that

as on date, an amount of Rs.39,83,460/- is due. It is submitted

that, since the petitioner failed to utilise the opportunity for settling

the accounts granted as per Ext.P6 judgment, no further opportunity

should be given.

5. Although I find substantial merit in the objection raised by

the learned Standing Counsel, considering the hardships faced by

the public consequent to the pandemic and lock down, I am of the

opinion that one more opportunity can be granted to the petitioner.

The writ petition is hence disposed of as under;

i. The petitioner is permitted to repay the

entire balance amount due, with interest and

costs if any, in 20 equated monthly installments.

ii. The first installment shall be paid on or

before 15.02.2023 and the balance installments,

before the 15th of every succeeding month.

iii. Default in repayment of any one of the

installments will result in the benefit granted

under this judgment being withdrawn and the

K.S.F.E. being at liberty to continue the recovery

proceedings.

iv. If the installments are paid without default,

the recovery proceedings shall be kept in

abeyance.

Sd/-

V.G.ARUN,JUDGE.

dpk

APPENDIX OF WP(C) 690/2023

PETITIONER EXHIBITS Exhibit-P1 THE COPY OF THE DEMAND NOTICE DATED 04/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN CHITTY NO.60/2016-4 Exhibit-P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 04/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN CHITTY NO.60/2016-21 Exhibit-P3 THE TRUE COPY OF THE DEMAND NOTICE DATED 04/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN CHITTY NO.60/2016-3 Exhibit-P4 HE TRUE COPY OF THE DEMAND NOTICE DATED 04/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN CHITTY NO.60/2016-20 Exhibit-P5 THE TRUE COPY OF THE DEMAND NOTICE DATED 04/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit-P6 THE TRUE COPY OF JUDGMENT DATED 11/02/2020 IN W.P.C.NO.33474/2018 ISSUED BY THIS HON'BLE COURT