Mahesh P Bhaskar vs Kerala State Financial ...
2023 Latest Caselaw 7130 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                   WP(C) NO. 20471 OF 2023
PETITIONER/S:

          MAHESH P BHASKAR
          AGED 44 YEARS
          KANNIMEL KULANGARA VEEDU, MANAKKARA, SASTHAMCOTTA
          PO, KOLLAM DIST, PIN - 690521
          BY ADVS.
          VINOY VARGHESE KALLUMOOTTILL
          ROJA R.


RESPONDENT/S:

    1     KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
          REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA,
          THRISSUR, PIN - 680022
    2     THE BRANCH MANAGER
          KSFE, SASTHAMCOTTA BRANCH, KOLLAM, PIN - 690521
OTHER PRESENT:

          MT.VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20471 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 20471 of 2023
                         =============================================================

                       Dated this the 23rd day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i) Call for the records relating to Exhibit P1 & P2 and issue a writ of mandamus or order or appropriate direction to direct 1st & 2nd respondent to permit the petitioner to clear the default amount in the chitty account by way of monthly instalments.

ii) Issue a writ of mandamus or order or appropriate direction to 1st & 2nd respondent not to initiate any recovery proceedings against the sureties as well as the petitioner and permit the petitioner to remit the default amount due in the chitty by way of instalments.

iii) Issue any other appropriate direction that this Hon'ble court deem fit and proper in the circumstances this case." (sic)

2. The petitioner is a subscriber in a chitty conducted by the

2nd respondent. In the said chitty, the petitioner received the prize

money and it is stated that he was paying the monthly chitty

subscription regularly. But it is further stated that, due to financial

difficulty there was default in paying some of the instalments. Hence,

W.P.(C). No. 20471 of 2023

the petitioner seeks instalment facility to clear off the amount due as

on today. It is submitted that the period of chitty is 100 months and

the same is not over.

3. Heard the counsel for the petitioner and the Standing

Counsel appearing for respondents.

4. After hearing both sides, I think an instalment facility can

be granted to the petitioner for clearing off the amount due as on

today, on condition that future interest will also be paid by the

petitioner. The petitioner will also pay the remaining regular monthly

subscriptions also.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is allowed to clear off the defaulted amount as on today in fifteen equal monthly instalments commencing from 01.08.2023 along with the regular monthly subscriptions.

2. The petitioner is liable to pay the future interest and service charges, if any, also.

W.P.(C). No. 20471 of 2023

3. If the amount is paid as directed above, the recovery proceedings initiated against the petitioner shall be deferred.

4. If there is any default in two consecutive instalments, the respondents are free to proceed in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20471 of 2023

APPENDIX OF WP(C) 20471/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 4/6/2022.

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED TO THE SURETIES FOR THE RECOVERY OF AMOUNT DUE IN THE CHITTY ACCOUNT DATED 9/6/2023.