Allowed

Pushpa Kumari v. the Kerala State Financial Enterprises Ltd.

Kerala HC8 Jan 2016WP(C)/210/2016

Case brief

AI extract

What is this about?

Petitioners defaulted on a chitty loan and faced recovery proceedings. The Court allowed them to pay the outstanding amount plus interest in 12 monthly instalments, stayed recovery steps, and directed the company to provide an updated dues statement.

What did the court decide?

Petitioners directed to pay Rs. 24,50,390/- plus accrued interest in 12 monthly instalments commencing 25.01.2016; recovery proceedings stayed; Respondent to furnish updated dues statement within 10 d

Pushpa Kumari Vs the Kerala State Financial Enterprises Ltd. — Kerala HC (2016) — LawSathi Research

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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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FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937

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WP(C).No. 210 of 2016 (A)

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PETITIONER(S) :

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1. PUSHPA KUMARI, W/O. KRISHNAN, 37 YEARS OF AGE,

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RESIDING AT EDODITHAZHATHU (H), KRISHNAKRIPA, CHEROOPPA P.O., MAVOOR, KOZHIKODE-673 661.

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2. SHIJILA P.K., W/O. PRADEEP KUMAR, 36 YEARS OF AGE, RESIDING AT VELLARAM KUNNUMMAL (H), KARAMTHUR P.O., KUNNAMANGALAM, KOZHIKODE-673 571.

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3. BISHA T.C., 34 YEARS OF AGE,

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THAZHE CHELIYAM PILAKKIL (H), R.E.C., CHOOLOOR P.O.,

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KOZHIKODE-673 601.

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BY ADVS.SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE

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RESPONDENTS:

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1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGER, REGD. OFFICE BHADRATHA, P.B.NO. 510, MUSEUM ROAD, THRISSUR-680 020.

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2. BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI BRANCH, KALLAI ROAD, KOZHIKODE-673 002.

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3. PUBLIC INFORMATION OFFICER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., LOAN UNIT, KALLAI ROAD, KOZHIKODE-673 002.

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4. SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI BRANCH, KALLAI ROAD, KOZHIKODE-673 002.

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BY SRI.ALEXANDER.C.V., SC, KERALA STATE FINANCIAL ENTERPRISE LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 210 of 2016 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1THE TRUE PHOTOCOPY OF THE NOTICE BEARING NO. SDT/KKD/7000/12-13 DATED 1-9-2015 OF THE 4TH RESPONDENT.

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EXHIBIT P2THE TRUE PHOTOCOPY OF THE APPLICATION DATED 16-10-2015 SUBMITTED BEFORE THE 3RD RESPONDENT.

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EXHIBIT P2(A)- THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT DATED 16-10-2015.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.210 of 2016

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............................................................. Dated this the 8^th day of January, 2016

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J U D G M E N T

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The petitioners, who had availed of a chitty loan from the respondent company, defaulted in repayment of the same. The company initiated proceedings under the Revenue Recovery Act.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondent company.

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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 petitioners is to permit them to remit the balance amounts outstanding to the company in easy instalments. Taking into account the plea of financial hardship raised by the petitioners, I dispose the writ petition with the following directions:-

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(i) The total amount outstanding from the

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-2-

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W.P.(C). No.210 of 2016

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petitioners to the respondent company is Rs.24,50,390/- together with accrued interest. Accordingly, the petitioners pay the aforesaid amount of Rs.24,50,390/- together with accrued interest in 12 equal and successive monthly instalments commencing from 25.01.2016, the recovery steps initiated against the petitioner by the respondent company shall be kept in abeyance.

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(ii) It is made clear that, if the petitioners commit a default in respect of any of the instalments, they will lose the benefit of this judgment and the respondent company will be free to continue the recovery proceedings against them from the stage at which they presently stand.

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(iii) The respondent company shall furnish the petitioners with an up-to-date statement of dues within ten days from today, so as to enable the petitioners to comply with the directions in this judgment.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/08.01.16

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W.P.(C). No.210 of 2016

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Pushpa Kumari v. the Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

Pushpa Kumari v. the Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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