Musthafa T.K vs Ksfe Ltd
2024 Latest Caselaw 13196 Ker

Kerala High Court

Musthafa T.K vs Ksfe Ltd 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. 18072 OF 2024
PETITIONER:

            MUSTHAFA T.K, AGED 53 YEARS,
            S/O KOYAKUTTY HAJEE, THEKKEKOLLARAKKAL HOUSE,
            PARANNUR P.O, NARIKUNI,
            KOZHIKODE., PIN - 673585.

            BY ADV
            T.H.ARAVIND


RESPONDENTS:

    1       KSFE LTD,
            KALLAI BRANCH, ARADHANA KAMALA BUILDING,
            P.B. NO.555, KALLAI ROAD, KOZHIKODE,
            KALLAI, KOZHIKODE,
            REPRESENTED BY ITS MANAGER., PIN - 673002.

    2       SPECIAL DEPUTY TEHSILDAR (R.R),
            KSFE LTD, KALLAI ROAD,
            KOZHIKODE., PIN - 673002.

            BY ADV.
            SRI.P.C.ANIL KUMAR
            SRI.SALIL NARAYANAN K.A., 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. 18072 OF 2024
                                 -2-

                            JUDGMENT

When this matter was called today,

Sri.P.C.Anil Kumar - learned counsel appearing

for the Kerala State Financial Enterprises Ltd.

(KSFE), submitted that, if the petitioner is

interested, he can be allowed to pay off the

total amount in his Chitti accounts, which is a

sum of Rs.85,53,878/- as on 20.05.2024, along

with all applicable charges and interest,

provided he pays the same in not more than 24

equal monthly installments.

2. Sri.T.H.Aravind - learned counsel for the

petitioner, accepted the afore suggestion;

however, praying that his client may also be

given the liberty to approach the 'KSFE' for

reconciliation of the accounts because he

believes there are some entries therein which

are inconsistent with the applicable Rules and

Regulations.

WP(C) NO. 18072 OF 2024

Taking note of the afore submissions, I

allow this writ petition, permitting the

petitioner to pay off the aforementioned amount,

along with all applicable charges and interest,

in 24 equal monthly installments, commencing

from 25.06.2024.

Needless to say, if the petitioner continues

to pay as afore, all action pursuant to

Exts.P1(a), P1(b), P1(c) and P2 will stand

deferred; but if he defaults payment of any two

installments as ordered above, necessary action

for recovery can be taken forward, without

having to obtain further orders from this Court.

It also goes without saying that, once the

petitioner pays a minimum of 12 instalments as

ordered above, he will be at liberty to approach

the 'KSFE' for a copy of the account statement,

which shall be favoured to him; in which event,

he will be at liberty to point out any WP(C) NO. 18072 OF 2024

inconsistency, or to seek any benefits eligible

to him. If this is done, the 'KSFE' will

consider his application and take a final

decision; and if this leads to further benefits,

the same shall be factored into the remaining

EMIs.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18072 OF 2024

APPENDIX OF WP(C) 18072/2024

PETITIONER EXHIBITS

EXHIBIT P 1 A TRUE COPY OF THE NOTICE DATED 15.11.16

EXHIBIT P 1 B TRUE COPY OF THE DEMAND NOTICE DATED 15.11.16

EXHIBIT P 1 C TRUE COPY OF THE NOTICE DATED 14.11.16

EXHIBIT P 2 TRUE COPY OF THE DEMAND NOTICE DATED NIL

EXHIBIT P 3 TRUE COPY OF THE RECEIPT DATED 03.04.2023