Petitioners defaulted on a loan settlement agreement approved under the Legal Services Authority Act. They sought instalment facilities. The Court dismissed the writ petition, holding a statutory authority cannot unilaterally change agreed terms.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929
WP(C).No. 384 of 2008(U)
PETITIONER:
SAKTHIKULANGARA VILLAGE, KAVANAD P.O., KOLLAM.
BY ADV. SRI.T.GOPALAKRISHNAN
RESPONDENTS:
BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD.
GOVERNMENT PLEADER MATHEW GEORGE VADAKKEL SRI.T.NAVEEN, SC, K.S.F.E. LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI, J
W.P.(C).384/2008
Dated this the 7th day of January, 2008
JUDGMENT
Second petitioner availed a loan from the Kerala State Financial Enterprise. First Petitioner, her husband, stood as surety for the said loan. When the petitioners defaulted re-payment of the amount, proceedings were taken by the KSFE. Ultimately the issue came before the District Legal Services Authority, Kollam. It is the petitioners' case that the dispute was resolved under the Legal Services Authorities Act, as evidenced by Ext.P1. Apparently, KSFE agreed to receive an amount of Rs.5,65,000/- in full and final settlement of the demand of Rs.8,83,604/-. The amount was to be paid on or before 31.12.2007.
W.P.(C).384/2008
2
V.GIRI, Judge
mrcs
1 issue framed by the court
Whether the Court can alter the terms of an agreement between parties approved by a statutory authority under the Legal Services Authority Act?
K.V. ULLAS
V. GEETHA
THE AUTHORISED OFFICER, DEPUTY COLLECTOR (RR), BHADRATHA KSFE HEAD OFFICE, THRISSUR
THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE, KOLLAM
THE VILLAGE OFFICER, SAKTHIKULANGARA VILLAGE, KOLLAM
THE REGIONAL MANAGER, KSFE LTD., KOLLAM-1
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
