Disposed

Firoz Khan.a. v. Kerala State Financial Enterprises

Kerala HC17 Jan 2018WP(C)/332/2018

Case brief

AI extract

What is this about?

Writ petition challenging a demand notice issued for default in chitty payments was disposed of. The Court permitted the petitioner to pay the outstanding amount with interest in 12 monthly instalments, warning of lump-sum recovery upon default.

What did the court decide?

Petitioner permitted to pay outstanding amount with accrued interest and cost in 12 equated monthly instalments starting from 5.2.2018; default may result in lump sum recovery.

Firoz Khan.a. Vs Kerala State Financial Enterprises — Consumer Protection | Kerala HC (2018)

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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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WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939

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WP(C).No. 332 of 2018

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PETITIONER(S):

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FIROZ KHAN.A. AGED 47 YEARS, S/O. ABBAS ALI HAJI, KAVUVILA VEEDU, VAYAKKAVU, KOONANVEENGA PO., NEDUMANGAD, THIRUVANANTHAPURAM

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BY ADVS.SRI.BALU TOM SRI.BONNY BENNY

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RESPONDENT(S): --------------

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KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY ITS MANAGER, MAIN BRANCH, THIRUVANANTHAPURAM. PIN-695002

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R1 BY SRI.VASUDEVAN T.M., SC, KSFE LTD. SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 332 of 2018 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1:	PHOTOSTAT COPY OF THE PASSBOOK OF CHITAL NO.33 IN CHITTY NO.24/14
EXHIBIT P2:	PHOTOCOPY OF THE PASSBOOK OF THE CHITAL NO.34 IN CHITTY NO.24/14
EXHIBIT P3:	PHOTOSTAT COPY OF THE REVENUE RECOVERY NOTICE DATED 05.12.2017 IN CHITAL NO.33
EXHIBIT P4:	PHOTOSTAT COPY OF THE REVENUE RECOVERY NOTICE DATED 05.12.2017 IN CHITAL NO.34
EXHIBIT P5:	PHOTOSTAT COPY OF THE NOTICE DATED 15.12.2017

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RESPONDENTS EXHIBITS: NIL ----------------------

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

W.P.(C) No.332 of 2018

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Dated this the 17^th day of January, 2018

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JUDGMENT

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The submission of the petitioner in this writ petition is that, petitioner is a subscriber to two chitties conducted by the respondent. Chitty was prized in favour of the petitioner and amounts were released on creating mortgage. Admittedly, repayment was defaulted, consequent to which, action is initiated by the respondent by issuing demand notice. It is thus challenging the demand notice, this writ petition is filed.

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I have heard learned counsel for the petitioner,

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learned standing counsel for the respondent and perused the pleadings and documents on record.

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Since the petitioner is seeking only for paying off the outstanding amount in reasonable equated monthly instalments,

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I am of the considered opinion that, the writ petition can be disposed of with suitable directions.

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Learned standing counsel submitted that, more than

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W.P.(C) No.332 of 2018

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Rs.60,00,000/- is due from the petitioner.

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Having evaluated the situation and taking into account

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the adverse financial and economic situation prevailing in the community, petitioner is permitted to pay the outstanding amount along with accrued interest and cost in 12 equated monthly instalments starting from 5.2.2018 and on the corresponding date of the successive months.

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If the petitioner makes any default, the respondent will

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be at library to proceed and recover the amount in lump.

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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/17/1/

Firoz Khan.a. v. Kerala State Financial Enterprises

Case brief

What is this about?

What did the court decide?

Firoz Khan.a. v. Kerala State Financial Enterprises

Case brief

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What the court decided

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