Dhanesh Gopi vs The Kerala State Financial ...
2023 Latest Caselaw 11063 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 35022 OF 2023
PETITIONER:

          DHANESH GOPI
          AGED 43 YEARS
          S/O.T.N.GOPI THEKKILAKATTIL HOUSE,
          EDAKKARA P O PARLI, EDAKKARA, MALAPPURAM,
          PIN - 679331
          BY ADVS.
          NIDHIN RAJ VETTIKKADAN
          ANJALA NAZRIN SUBAIR


RESPONDENTS:

    1     THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
          REGISTERED OFFICE, BHADRATHA, MUSEUM ROAD, THRISSUR,
          REP. BY ITS MANAGING DIRECTOR, PIN - 680020
    2     BRANCH MANAGER
          KERALA STATE FINANCIAL ENTERPRISES LIMITED
          EDAKKARA BRANCH, EDAKKARA P O, EDAKKARA,
          MALAPPURAM-, PIN - 679331
    3     THE SPECIAL DEPUTY TAHSILDAR (RR)
          OFFICE OF THE SPECIAL DEUPTY THASILDHAR
          PKD-KSFE OPPOSITE AROMA THEATRE PALAKKAD,
          PIN - 678001
    4     DEPUTY GENERAL MANAGER (RECOVER)
          KERALA STATE FINANCIAL ENTERPRISES LIMITED
          P.B NO. 510, BADHRADHA, MUSEUM ROAD THRISSUR,
          PIN - 680020
          SRI SALIL NARAYANAN-SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35022 OF 2023                2

                              JUDGMENT

When this matter was called today, Sri.Salil Narayanan K.A. -

learned Standing Counsel for the respondent - Kerala State Financial

Enterprises (KSFE), submitted that, the total outstanding in the loan

account of the petitioner, as on 26.10.2023, is Rs.1,08,21,018/-; and

that if he is willing to pay the same in not more than 10 equal monthly

installments, his client will not stand in the way of this Court disposing

of this writ petition on such terms.

2. Sri.Nidhin Raj Vettikkadan - learned counsel for the petitioner,

fully agreed to the afore and prayed that this writ petition be thus

ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the loan

account, namely, Rs.1,08,21,018/- as on 26.10.2023, with all applicable

charges and interest, in 10 equal monthly installments commencing

from 30.11.2023. If this is done, the respondent - KSFE shall close the

loan account and return the security documents to him, on proper

receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Ext.P4 will stand deferred; but

if he defaults payment of two consecutive installments as ordered

above, the respondent - KSFE will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount as per

law, without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.10

APPENDIX OF WP(C) 35022/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE KSFE ADALATH 2023 PROCEEDINGS DATED 26.07.2023 I Exhibit P2 TRUE COPY OF THE RECEIPT OF THE AMOUNT PAID FOR THE MULTIDIVISION CHIT WORTH RS.12,00,000/- JOINED IN THE NAME OF THE PETITIONER'S MOTHER IN MALAPPURAM BRANCH Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 30.09.2023 MADE TO THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE NOTICE DATED 04.10.2023 SENT BY THE 3RD RESPONDENT