Kerala High Court
Santosh Kumar vs The Kerala State Financial Enterprises ... on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18346 OF 2024
PETITIONERS:
SANTOSH KUMAR
AGED 49 YEARS
S/O.K.K.KRISHNAN, KARILPADIKKAL (H), AIRAPURAM
VILLAGE, MANNORKARA, KEEZHILLAM P.O., KUNNATHUNADU
TALUK, ERNAKULAM DISTRICT, PIN - 683541
BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR
POOJA PANKAJ
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED
OFFICE, BHADRATHA, P.B.NO.510, MUSEUM ROAD,
THRISSUR, PIN - 680020
2 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
PERUMBAVOOR BRANCH, DARSANAM ARCADE, ERNAKULAM,
PIN - 683542
3 THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY)
KERALA STATE FINANCIAL ENTERPRISES LIMITED, ERNAKULAM,
KOCHI, PIN - 682018
SRI.ARUN ANTONY - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18346 OF 2024 2
JUDGMENT
When this matter was called today, Sri.Arun Antony - learned
Standing Counsel for the respondent - Kerala State Financial
Enterprises Ltd. (KSFE), submitted that, the total outstanding in the
loan account of the petitioner, as on 31.5.2024, is Rs.6,72,076/-; and
that if he is willing to pay the same in not more than 24 equal monthly
installments, his client will not stand in the way of this Court disposing
of this writ petition on such terms. He added that the account cannot
be regularized because it has already been recalled.
2. Sri.Arjun Raghavan - 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.6,72,076/- as on 31.05.2024, with all applicable
charges and interest, in 24 equal monthly installments commencing
from 20.06.2024. 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.P6 will stand deferred;
but if he defaults payment of two 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/23.5
APPENDIX OF WP(C) 18346/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER
Exhibit-P2 A TRUE COPY OF RECEIPT DATED 21-06-2019
Exhibit-P3 A TRUE COPY OF RECEIPT DATED 02-08-2019
Exhibit-P4 A TRUE COPY OF RECEIPT DATED 22-08-2019
Exhibit-P5 A TRUE COPY OF RECEIPT DATED 25-03-2021
Exhibit-P6 TRUE COPY OF NOTICE DATED 27-10-2023
ISSUED BY THE 3RD RESPONDENT
Exhibit-P7 A TRUE COPY OF THE RECEIPT DATED 19-08-
Exhibit-P8 A TRUE COPY OF THE RECEIPT DATED 30-10-
