Kerala High Court
Girish Kumar vs Kerala State Financial Enterprises - V ... on 4 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 8493 OF 2024
PETITIONERS:
1 GIRISH KUMAR, AGED 50 YEARS, S/O BALAN,
R/O, PARAMBATH VEEDU, PALLISSERY,
ARATTUPUZHA - THRISSUR,, PIN - 680562
2 M/S LALITHA, AGED 72 YEARS, W/O BALAN,
R/O, PARAMBATH VEEDU, PALLISSERY,
ARATTUPUZHA THRISSUR, PIN - 680562
BY ADVS.
E.ADITHYAN
SARATH BABU KOTTAKKAL
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES - V BRANCH
PRATAP SINGH BUILDING, BUS STAND, TB RD,
OPPOSITE S.T. NAGAR, SAKTHAN THAMPURAN NAGAR,
THRISSUR, KERALA REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN - 680001
2 DEPUTY TAHSILDAR (RR-V), 804, KSFE LTD, 2ND FLOOR,
SIVASKTHI BUILDING, COCHIN DEVESWAM BOARD,
ROUND NORTH, TRISSUR., PIN - 680001
BY ADVS
SRI. SALIL NARAYANAN K.A. - SC, R1
SMT.MABLE C.KURIAN - SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 8493/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Kerala State Financial Enterprises
(KSFE), submitted that, even though an amount of Rs.5,00,000/-
has been ordered to be paid by the petitioners by this Court
through the interim order dated 01.03.2024, it has not been paid
and that the total outstanding in their loan account comes to
Rs.56,72,982/-, as on 31.03.2024. He added that, if the petitioners
are willing to pay Rs.5,00,000/- on or before 15.04.2024 and the
balance in 18 equal monthly installments, commencing from
01.06.2024, the account can be regularised by his client.
2. The learned counsel for the petitioner - Sri.E.Adithyan,
accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioners to pay Rs.5,00,000/- on or
before 15.04.2024 and the balance in 18 equal monthly
installments, along with all applicable charges and interest, starting
from 01.06.2024.
Needless to say, if the amounts as afore are paid by the
petitioners, the account will stand closed and the Bank will return
to them all security documents as are necessary; but, if on the
contrary, any two installments are defaulted, the benefit of this
judgment will be lost to them and the Bank will be at full liberty
to pursue further action pursuant to Ext.P1 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 Ext.P1
will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 8493/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FORM 16 NOTICE OF SALE OF
IMMOVABLE PROPERTY ISSUED BY THE 2ND
RESPONDENT .REF NO: SDT/TSR/5523,5524/22-
23 DATED 15/01/24 TO THE PETITIONER
