Allowed

Ayisha, v. the Kerala State Financial Enterprises Limited

Kerala HC23 Jul 2019WP(C)/2557/2019

Case brief

AI extract

What is this about?

In a matter involving arrears on a prized chitty secured by property mortgage, this High Court ordered the Kerala petitioner to clear the outstanding dues via ten monthly installments. This decision applied to disputes chitty amounts for restitution. A writ petition challenging these actions was allowed for the restoration of proceedings. The judgment dismissed the writ petition. Disposition follo

What did the court decide?

Petitioner permitted to clear outstanding Rs.4,05,000/ in 10 monthly installments starting 30.7.2019; otherwise, respondents may resume recovery proceedings.

Ayisha, Vs the Kerala State Financial… — Contract and Commercial Disputes | Kerala HC (2019)

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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 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941

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WP(C).No.2557 of 2019

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PETITIONER:

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AYISHA, AGED 52 YEARS W/O LATE SAIDALAVIKOYA, KODAMBATTIL HOUSE, AYIKKARAPADI P.O., MALAPPURAM DISTRICT, PIN-673 637.

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BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI

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RESPONDENTS:

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1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KALLAI ROAD BRANCH, KOZHIKODE-673003.

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2 THE DEPUTY TAHASILDAR (RR) OFFICE OF THE SPECIAL DEPUTY TAHASILDAR, KSFE LIMITED, PALAKKAD II BRANCH, OPPOSITE AROMA THEATRE, PALAKKAD-676 001.

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3 VILLAGE OFFICER CHERUKAVU VILLAGE, MALAPPURAM DISTRICT, PIN-673 637.

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4 SAJITHA.N., D/O. MOIDEEN KOYA, POKKANALI HOUSE, NEAR ISATH SCHOOL, KIZHISSERI P.O., MALAPPURAM DISTRICT, PIN-679 325.

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BY ADVS.

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R1 BY SRI.P.C.ANIL KUMAR, SC, KSFE LTD. SRI.M.KRISHNAKUMAR R2 & R3 BY SMT.RASHMI.K.M,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2557 of 2019

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J U D G M E N T

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Petitioner and 4^th respondent are subscribers of

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two chitties. According to the petitioner, when the chitty was prized in favour of the petitioner, the amounts were released on the strength of mortgage offered by the petitioner. So also when the chitty was prized in favour of the 4^th respondent, the very same property was offered as mortgage by the petitioner. Fact remains, both parties failed to repay the amount. Consequent to which, action is initiated to recover the amount by proceeding against the property, which is the challenge made in this writ petition.

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Even though various contentions are raised, learned counsel for petitioner submitted that, it would suffice, if the remedy of the petitioner is left open for seeking indemnification in the event of petitioner paying the amount on behalf of the 4^th respondent.

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I have considered the rival submissions made

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across the Bar and I am of the considered opinion

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WP(C).No.2557 of 2019

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that, petitioner can be provided with installment facility for paying off the amount as is sought for by the petitioner and also taking into account the adverse financial as well as economic situations prevailing in the community.

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Therefore, petitioner is permitted to pay the outstanding amount of Rs.4,05,000/- (Rupees Four lakhs five thousand only) along with accrued interest and other charges in ten equated monthly installments starting from 30.7.2019 and on the corresponding date of the succeeding months. Needless to say, if the petitioner fails to pay any of the installments, respondents 1 to 3 will be at liberty to resurrect the proceedings under the Kerala Revenue Recovery Act and recover the amount in lump. I make it clear that, if the petitioner is making the payment directly to the KSFE, collection charges shall be confined to 1% of the total amount deposited. It is further made clear

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that, remedy of the petitioner against the 4^th respondent for indemnification will remain open and any question of law raised with regard to the said aspect will also remain open.

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WP(C).No.2557 of 2019

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Writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

Smv 23.7.2019

JUDGE

WP(C).No.2557 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITINER BY THE SECOND RESPONDENT DATED 30.10.2018 AND SIGNED BY THE SECOND RESPONDENT ON 24.12.2018. EXHIBIT P2 TRUE COPY OF THE NOTICE NO.SDT/PKD/6852/1819 ISSUED BY THE SECOND RESPONDENT DATED 24.12.2018. EXHIBIT P3 TRUE COPY OF THE DOCUMENT NO.845/I/2017 OF THE SUB REGISTRAR OFFICE, KONDOTTY DATED 13.3.2017.

Ayisha, v. the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Ayisha, v. the Kerala State Financial Enterprises Limited

Case brief

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