Partly allowed

Kerala State Women Development Corporation v. Sini N.S

Kerala HC15 Feb 2016RP/45/2016

Case brief

AI extract

What is this about?

This judgment revisits a writ petition where the petitioner (defaulter) sought to regularise loan repayments. The Court allowed instalment payments and stayed recovery steps against the school surty contingent on timely repayment, dismissing the review petition once the order was made.

What did the court decide?

The petitioner was directed to remit the outstanding loan amount with interest in eight equal monthly instalments; recovery steps against the surety were kept in abeyance upon compliance.

Kerala State Women Development Corporation Vs… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 19372

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RP.No. 45 of 2016 () IN WP(C).34093/2015

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AGAINST THE JUDGMENT IN WP(C) 34093/2015 of HIGH COURT OF KERALA DATED 11-11-2015

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REVIEW PETITIONER(S)/2ND RESPONDENT :

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KERALA STATE WOMEN'S DEVELOPMENT CORPORATION LIMITED LEONES APARTMENT, 41/40 104A, OPPOSITE SARITHA THEATRE BANERJI ROAD, KOCHI - 682 018 REPRESENTED BY ITS REGIONAL MANAGER.

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BY ADV. SRI.P.A.MOHAMMED SHAH

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RESPONDENT(S)/1ST RESPONDENT :

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1. SINI N.S, AGED 31 YEARS, W/O. SHAJI, RAMACHANDRANMURIYIL HOUSE, PANANGAD P.O, ERNAKULAM - 682 506.

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2. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT SOCIAL JUSTICE THIRUVANANTHAPURAM - 695 001.

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R2 BY SRI.R.RENJITH, GOVERNMENT PLEADER BY SRI.INNOCENT FRANCIS PAPALI

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AMV

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: 2 :

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RP.No. 45 of 2016 () IN WP(C).34093/2015

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APPENDIX

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PETITIONER(S) EXHIBITS :

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ANNEXURE-1 : COPY OF THE PROCEEDINGS DATED 24.09.2015.

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RESPONDENTS EXHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

A.K.JAYASANKARAN NAMBIAR, J.

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.................................................

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R.P. No. 45 of 2016 & W.P.(C) No.34093 of 2015

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............................................... Dated this the 15^th day of February, 2016

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ORDER/JUDGMENT

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The petitioner seeks a review of the judgment in W.P.(C) No.34093 of 2015 dated 11.11.2015. Taking note of the submission of the learned counsel for the review petitioner, and in particular, the submission that certain factual mistakes have crept into the judgment with regard to the dues amount recorded therein, I recall the judgment dated 11.11.2015.

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W.P.(C)

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The petitioner, who had availed of a loan from the 2^nd respondent Corporation, defaulted in repayment of the same. The 2^nd respondent initiated proceedings for recovery of the defaulted loan amounts, inter alia, by proceeding against the person who stood as surety to the loan. Ext.P2 is the notice issued to the Principal, Vocational Higher Secondary school, Panangad, where the surety is working as a nonvocational teacher, requesting him to recover the defaulted loan amounts at the rate of Rs.6,000/- per month from the salary of the surety. In the writ petition, the petitioner, who is the defaulter seeks only the facility of instalments to discharge the liability outstanding to the 2^nd respondent corporation. It is prayed that the proceedings pursuant to Ext.P2, against the surety be kept in abeyance for the time being so as to enable the petitioner to discharge the liability.

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R.P. No. 45/16 & W.P.(C) No.34093/15

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I have heard the learned counsel for the petitioner, learned Government Pleader for the 1^st respondent and the learned Standing Counsel appearing on behalf of the 2^nd respondent.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the 2^nd respondent in easy instalments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

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i. The overdue amount in respect of the loan is stated to be Rs.43,391/- together with accrued interest and other charges. Accordingly, if the petitioner remits the said amount of Rs.43,391/-- together with accrued interest and other charges, in eight equal and successive monthly instalments commencing from 29.02.2016, and continues to pay the regular monthly installments as per the original loan schedule, then, the recovery steps initiated against him by the respondent bank shall be kept in abeyance.

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ii. It is made clear that, if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent

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R.P. No. 45/16 & W.P.(C) No.34093/15

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bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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AMV/15/02/2016

Kerala State Women Development Corporation v. Sini N.S

Case brief

What is this about?

What did the court decide?

Kerala State Women Development Corporation v. Sini N.S

Case brief

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