Abdul Salam vs The Kerala State Financial ...
2023 Latest Caselaw 10619 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     WP(C) NO. 33912 OF 2023
PETITIONERS:
     1     ABDUL SALAM, AGED 63 YEARS, S/O MOYITHEENKUTTY,
           KARAMEL (H), VADAKKUMTHALA P.O., KARUNAGAPPILLY,
           KOLLAM., PIN - 690536

    2     THANGAL KUNJU, AGED 63 YEARS, S/O MOYITHEENKUTTY,
          KARAMEL (H), VADAKKUMTHALA P.O., KARUNAGAPPILLY,
          KOLLAM., PIN - 690536

    3     NISHAD, AGED 31 YEARS, S/O THANGAL KUNJU, KARAMEL
          (H), VADAKKUMTHALA P.O., KARUNAGAPPILLY, KOLLAM.,
          PIN - 691536

    4     SAJITHA, AGED 40 YEARS, W/O. ABDUL VAHAB, KARAMEL
          (H), VADAKKUMTHALA P.O., KARUNAGAPPILLY, KOLLAM.,
          PIN - 690536

          BY ADVS.
          S.K.ADHITHYAN
          ALTHAF NABEEL
RESPONDENTS:
     1     THE KERALA STATE FINANCIAL ENTERPRISES LTD
           ANCHALOOMODU BRANCH, KAYALVARATHU BUILDING,
           ANCHALUMOODU, PERINAD P.O., KOLLAM -
           REPRESENTED BY ITS MANAGER, PIN - 691601

    2     THE DEPUTY GENERAL MANAGER (RECOVERY)
          THE KERALA STATE FINANCIAL ENTERPRISES LTD
          BHADRATHA, MUSEUM ROAD, P.B. NO.510,
          THRISSUR -, PIN - 680020

    3     THE SPECIAL DEPUTY THASILDAR(RR),
          THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
          THIRD FLOOR, KSFE BUILDING, CHINNAKADA P.O.,
          KOLLAM -, PIN - 691001

          SRI. SALIL NARAYANAN K.A. - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 33912/23
                                    2

                              JUDGMENT

When this matter was called today, the learned Standing

Counsel for the 1st respondent - Kerala State Financial Enterprises

Ltd. (KSFE), submitted that the loan account of the petitioners

involved in this case can be settled for a total amount of

Rs.2,15,82,939/-, as on 16.10.2023, along with all applicable charges

and interest, provided same is paid by them in not more than 25

equal monthly installments.

2. The learned counsel for the petitioners - S.K.Adithyan,

accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ Petition,

permitting the petitioners to pay off the aforementioned amount,

along with all applicable charges and interest, in 25 equal monthly

installments commencing from 30.11.2023.

Needless to say, if the amounts as afore are paid by the

petitioners, the account will stand closed and the 'KSFE' will return

to them all security documents as are necessary; but, if on the

contrary, any two consecutive instalments are defaulted, the benefit WPC 33912/23

of this judgment will be lost to them and the KSFE will be at full

liberty to pursue further action pursuant to Exts.P3 and P4, without

having to obtain further orders from this Court.

It is also needless to say, therefore, that as long as the

amounts as afore are paid, all further action pursuant to Exts.P3 and

P4 will stand deferred.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                                   JUDGE
 WPC 33912/23


                 APPENDIX OF WP(C) 33912/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE HANDWRITTEN PETITION

SUBMITTED BEFORE THE HON'BLE FINANCE MINISTER DATED 05.09.2022 Exhibit P2 TRUE COPY OF THE LETTER OF COMMUNICATION DATED 21.12.2022 SENT BY THE 2 ND RESPONDENT TO THE PETITIONERS Exhibit P3 TRUE COPY OF THE ATTACHMENT NOTICE IN RE.

SY. NO. 227/4-1 OF VADAKKUMTHALA VILLAGE DATED 12/12/2022 Exhibit p4 TRUE COPY OF THE ATTACHMENT NOTICE IN RE.

SY. NO. 221/9 OF VADAKKUMTHALA VILLAGE DATED 12/12/2022