Petitioner, a guarantor in a chitty default case, challenged recovery proceedings. Court disposed petition, directing recovery only if principal debtor misses installment payments under a prior judgment.
Petitioner discharged; KSFEL directed to proceed only if subscriber fails to pay per Ext.P2 judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
WP(C).No.11518 of 2019
PETITIONER/S:
B.AJITHA, AGED 45 YEARS, D/O.BHASKARAN, JANARDHANA, ASRAMAM P.O., KOLLAM DISTRICT, JR.SUPERINTENDENT, S.N.COLLEGE, VARKKALA- 696141.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR- 680020, KERALA,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 SPECIAL DEPUTY TAHSILDAR (R.R), KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA- 688001.
4 THE PRINCIPAL, S.N COLLEGE, VARKKALA, KOLLAM- 695145.
5 BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KAYAMKULAM BRANCH, KAYAMKULAM- 690502.
6 ARAVIND S.PILLAI, AGED 30 YEARS, S/O.SUKUMARA PILLAI, PRAKRITHI, PULLIKKANAKKU P.O., KAYAMKULAM, ALAPPUZHA- 690537.
WP(C).No.11518 of 2019 2
R1, R2 & R5 BY ADV. SRI.ARUN ANTONY, SC
R3 BY SMT.VINEETHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11518 of 2019 3
JUDGMENT
Petitioner is a surety in a chitty transaction conducted by the Kerala State Financial Enterprises. The chitty was priced in favour of the subscriber, however repayments were defaulted, consequent to which, recovery action was initiated by the Kerala State Financial Enterprises, resorting to the provisions of the Kerala Revenue Recovery Act, 1968.
already approached this court and secured a judgment
whereby, the subscriber is given the facility for
payment of the amount in installments. Therefore, if I pass a typical order, it will be contradictory to the
WP(C).No.11518 of 2019 4
directions contained in Ext.P2 judgment.
considered opinion that, this writ petition can be disposed of with appropriate safety measures in favour of Kerala State Financial Enterprises.
is disposed of, directing the Kerala State Financial Enterprises to proceed against the guarantor if and when the subscriber fails to pay the amounts in
accordance with the directions contained in Ext.P2 judgment.
liable to be proceeded, in the event of failure on the part of the subscriber to pay the amount.
This writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu 17.07.2019
WP(C).No.11518 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 23.12.2017. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE JUDGMENT IN WP(C)NO.3207/2019. |
| EXHIBIT P3 | TRUE COPY OF THE RECEIPT OF PAYMENT DATED 05.03.2019. |
| EXHIBIT P4 | TRUE COPY OF THE RECEIPT OF PAYMENT OF 2ND INSTALLMENT DATED 04.04.2019. |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 08.04.2019. |
| EXHIBIT P6 | TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 25.03.2019. |
1 issue framed by the court
Whether recovery proceedings against a guarantor can proceed when the principal debtor has been granted installment relief by this court.
B. Ajitha
Kerala State Financial Enterprises Limited
Special Deputy Tahsildar
Deputy Director Collegiate Education
Principal, S.N. College
Branch Manager, KSFEL Kayamkulam
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
