The High Court of Kerala granted time to pay a Rs. 3.4 lakh loan outstanding due to economic hardship, allowing eight monthly instalments.
Petitioner is permitted to pay outstanding amount in eight equated monthly instalments starting from 26.6.2019
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 12TH DAY OF JUNE 2019 / 22ND JYAISHTA, 1941
WP(C).No. 15153 of 2019
PETITIONER/S:
DIVYA DEVARAJ
AGED 38 YEARS W/O. DHANASUDHAHAR S, THAMB, TC 43/491(23), TRIMURTI NAGAR, VALLAKKADAVU P.O, THIRUVANANTHAPURAM-8.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA, P.B.NO.510. MUSEUM ROAD, THRISSUR-680020, REPRESENTED BY ITS MANAGING DIRECTOR,
2 BRANCH MANAGER,
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, 1ST FLOOR, S.S.PLAZA, TC NO.36/1076 2, EANCHACKAL, VALLAKKADAVU P.O, THIRUVANANTHAPURAM695008.
SRI.ARUN ANTONY,SC KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner has availed a loan from the 1st respondent amounting to Rs.3 lakhs by mortgaging the title deeds of an inherited property. According to the petitioner, repayment was defaulted, consequent to the unforeseen expenditure for the treatment of her mother and consequent to non-repayment, recovery action is being initiated by the respondents. Even though petitioner has submitted Ext.P2, seeking 12 instalments for payment of the outstanding amounts, the same is not considered. These are the basic back ground facts projected by the petitioner to secure the relief sought for in the writ petition.
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amount in eight equated monthly instalments starting from 26.6.2019 and on the corresponding date of the succeeding months. Needless to say, if any of the instalment is violated, the respondents will be at liberty to take appropriate action and to recover the amount in lump. If any revenue recovery action is initiated to recover the amount and if the petitioner is making the payment directly to the KSFE, the collection charges shall be confined to 1% of the total amount deposited.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
Jm/
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE NO.RCL 165 ISSUED BY THE 2NS RESPONDENT. EXHIBIT P2 TRUE TYPED COPY OF THE REPRESENTATION DATED 27.5.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
1 issue framed by the court
Whether the petitioner should be permitted to recover loan dues through a time-bound instalment order.
DIVYA DEVARAJ
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
