K.P.Anil Kumar, S/O Parameswaran ... vs The Kerala State Financial Enterprises ...
2024 Latest Caselaw 10019 Ker

Kerala High Court

K.P.Anil Kumar, S/O Parameswaran ... vs The Kerala State Financial Enterprises ... on 5 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                     WP(C) NO. 13564 OF 2024
PETITIONER:

            K.P.ANIL KUMAR,
            S/O PARAMESWARAN PILLAI, AGED 53 YEARS
            KAVIL VEEDU, THURUTHIKKARA P.O.,
            KUNNATHOOR, KOLLAM, PIN - 690540
            BY ADVS.
            B.MOHANLAL
            P.S.PREETHA
            ASWIN V. NAIR
            JAYAPRABHA ARJUN
            BLESSY MARY SEBASTIAN
            PRAVEENA T.

RESPONDENTS:

    1       THE KERALA STATE FINANCIAL ENTERPRISES
            LIMITED, REPRESENTED BY MANAGING DIRECTOR,
            REGD. OFFICE BHADRATHA, P.B.NO:510, MUSEUM
            ROAD, THRISSUR, PIN - 680020
    2       THE REGIONAL MANAGER
            THE KERALA STATE FINANCIAL
            ENTERPRISES LIMITED, K.S.F.E. BUILDINGS,
            PATHANAMTHITTA, PIN - 689645
    3       THE BRANCH MANAGER
            THE KERALA STATE FINANCIAL ENTERPRISES
            LIMITED, KADAMPANAD BRANCH, KRKPM BUILDING,
            KADAMPANAD P.O., PATHANAMTHITTA - 691552
            BY ADVS.
            BINDU MOHAN
            SALIL NARAYANAN K.A. - SC



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.13564 of 2024
                               :2:




                           JUDGMENT

When this matter was called today, Sri.Salil Narayanan

K.A. - learned Standing Counsel for the 'Kerala State

Financial Enterprises Limited' ('KSFE' for short), submitted

that, the total outstanding in the Chitty Accounts of the

petitioner, as on 05.04.2024, is Rs.1,63,103/-; and that if he is

willing to pay the same in not more than 15 equal monthly

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

disposing of this writ petition on such terms.

2. Sri.Mohan Lal B. - 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 Chitty Accounts, namely, Rs.1,63,103/- as on

05.04.2024, with all applicable charges and interest, in 15

equal monthly installments commencing from 15.05.2024. If

this is done, the KSFE shall close the Chitty accounts 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 recovery proceedings against the

petitioner will stand deferred; but if he defaults payment of

any two consecutive installments as ordered above, the 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 anm

APPENDIX OF WP(C) 13564/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 08/11/2021 ISSUED BY THE 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE JUDGEMENT DATED 30/05/2022 IN W.P.(C)NO:17410/2022 OF THIS HON'BLE COURT Exhibit P3 THE TRUE COPY OF THE CLOSING REPORT DATED 04/12/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF THE CHITTY OBTAINED FROM THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 12/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF THE AMOUNT RS.12,500/- IN RESPECT OF CHITTY NO:13/2017/A/1 ON 04/03/2024 TO THE 3RD RESPONDENT

RESPONDENTS' EXHIBITS : NIL.