Disposed

G.Vijayan v. Branch Manager, the Kerala State Financial Enterprises Ltd.

Kerala HC25 Oct 2016WP(C)/542/2016

Case brief

AI extract

What is this about?

Petitioner, a school teacher and chitty subscriber, approached the court challenging actions initiated by the respondent due to default caused by financial difficulties and the death of his wife. The court directed repayment of the pending amount in 15 equated monthly instalments.

What did the court decide?

The petitioner was directed to remit the outstanding amount in 15 equated monthly instalments starting from 5.11.2016.

G.Vijayan Vs Branch Manager, the Kerala State… — Service and Employment | 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 SHAJI P.CHALY

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TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938

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WP(C).No. 542 of 2016 (P)

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PETITIONER(S):

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G.VIJAYAN, AGED 53 YEARS, S/O.GOPALAN, POOVANAMVILA VEEDU, ATTOORKONAM, KARINGANNOOR.P.O., KOTTARAKKARA TALUK, KOLLAM DISTRICT.691 531, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER (ENGLISH),

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GOVERNMENT HIGHER SECONDARY SCHOOL, VALLAPATTANAM, KANNUR-10.

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BY ADV. SRI.M.DINESH

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RESPONDENT(S):

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BRANCH MANAGER

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THE KERALA STATE FINANCIAL ENTERPRISES LTD., NILAMEL BRANCH, NILAMEL, KOLLAM DISTRICT-691 535.

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R1 BY SRI.JIMMY GEORGE THADATHIL, SC, KSFE SRI.ALEXANDER.C.V., SC, KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 542 of 2016 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1TRUE COPY OF THE LETTER DATED 21.11.2015 OF THE RESPONDENT TO THE TREASURY OFFICER, KANNUR.

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P2TRUE COPY OF THE LETTER ISSUED TO HEADMASTER GOVERNMENT U.P.S., KARINGANNOOR BY THE RESPONDENT DATED 12.11.2015.

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P3TRUE COPY OF THE DEFAULT NOTICE IN CHITTY NO.24/2013/A7 ISSUED TO THE PETITIONER DATED 21.12.2015.

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P4TRUE COPY OF THE DEFAULT NOTICE IN CHITTY NO.28/2012/A8 TO THE PETITIONER DATED 21.12.2015.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.542 of 2016

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Dated this the 25^th day of October, 2016

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JUDGMENT

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Petitioner is a subscriber to chitty Nos. 28/2012/A8 and 24/2013/A7 from the respondent. Chitties were prized in favour of the petitioner. According to the petitioner, some of the instalments were paid by the petitioner. However, due to certain financial difficulties, including the death of his wife due to cancer, prevented the petitioner from making the entire instalments. Any how, consequent to the default, respondent has initiated action against the petitioner. It is in this background challenging the actions initiated pursuant to Exts.P1 to P4, petitioner has approached this Court seeking appropriate reliefs.

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Respondent has filed a counter affidavit enumerating details under which respondents were persuaded to proceed to recover the amount.

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Taking note of the respective submissions made across the Bar and the offer made by the learned counsel

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W.P.(C) No.542 of 2016

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for the petitioner that the amounts outstanding will be paid in equated monthly instalment I think some indulgence can be shown to the petitioner.

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Learned counsel for the respondent submitted that altogether an amount of Rs.4,30,000/- is pending due with accrued interest.

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Therefore, there will be a direction to the petitioner to remit the outstanding amounts in 15 equated monthly instalments starting from 5.11.2016 onwards and the same date of the succeeding months.

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Needless to say if any of the instalment is defaulted, the respondent will be at liberty to proceed to recover the entire amounts in accordance with law. In order to enable the petitioner to make the payments as directed above, a statement of accounts shall be provided to the petitioner within two months.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY,JUDGE

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dlk/25/10/

G.Vijayan v. Branch Manager, the Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

G.Vijayan v. Branch Manager, the Kerala State Financial Enterprises Ltd.

Case brief

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What did the court decide?

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