Partly allowed

Anila Kumari C.A v. Branch Manager

Kerala HC11 Dec 2019WP(C)/30301/2019

Case brief

AI extract

What is this about?

Petitioner, a chit subscriber who won prizes but defaulted on future instalments, approached the court against KSFE's recovery proceedings. The Court permitted payment of the outstanding liability in twelve equal monthly instalments from Jan 1, 2020, with a lump-sum recovery clause upon default.

What did the court decide?

Petitioner permitted to pay outstanding chit liability in 12 equal monthly instalments from 1/1/2020; entire amount recoverable as lump sum on default.

Anila Kumari C.A Vs Branch Manager — 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 P.B.SURESH KUMAR

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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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WP(C).No.30301 OF 2019(K)

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PETITIONER:

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ANILA KUMARI C.A AGED 55 YEARS W/O MURALEEDHARAN ACHARY, NARAYANEEYAM, BHAVANA NAGAR, KADAPPAKKADA, KOLLAM, PIN-691 008.

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BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA

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RESPONDENTS:

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1 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD, ANANDAVALLEESWARAM BRANCH, KOLLAM, PIN-691 013.

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2 MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD, BHADRATHA, P.B.NO 510, MUSEUM ROAD, THRISSUR, PIN-680 020.

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R1-2 BY SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.30301 OF 2019(K)

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W.P.(C) No.30301 of 2019

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J U D G M E N T

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Petitioner was a subscriber of two chits run by the Kerala Financial Enterprises Ltd (KSFE). Though the petitioner received the prize money in respect of both the chits, she did not pay the future instalments of the chits. Proceedings have been, consequently, initiated by the KSFE for realisation of the amounts payable by the petitioner. The said proceedings are under challenge in the writ petition.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the KSFE.

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When this matter was taken up, the learned counsel for the petitioner only prayed for indulgence of this court to pay the amounts due in respect of the chits in convenient instalments.

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The learned Standing Counsel for the KSFE pointed out that a sum of Rs.2,05,045/- is outstanding in respect of one chit and a sum of Rs.1,14,511/- is outstanding

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WP(C).No.30301 OF 2019(K)

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in respect of the other chit as on 18.11.2019.

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Having regard to the facts and circumstances of the case as also the orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose the writ petition permitting the petitioner to pay the outstanding liability in respect of the chits in twelve equal monthly instalments commencing from 1^st of January, 2020. Ordered accordingly. Needless to say that if the petitioner commits default in payment of any one of the instalments, the entire amount payable in respect of the chits can be recovered by the KSFE in lump sum.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.30301 OF 2019(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY 24.4.2019 A SCIENCE AND	OF MRI RE	DISCHARGE SUMMARY DATED THA INSTITUTE OF MEDICAL SEARCH CENTRE, KOCHI
EXHIBIT P2	A TRUE COPY 25.4.2019	OF	DEMAND NOTICE DATED
EXHIBIT P3	A TRUE COPY 26.4.2019	OF	DEMAND NOTICE DATED
EXHIBIT P4	A TRUE COPY	OF	NOTICE DATED 26.4.2019
EXHIBIT P5	A TRUE COPY	OF	NOTICES DATED 5.7.2019
EXHIBIT P6	A TRUE COPY 22.5.2019	OF	REPRESENTATION DATED
EXHIBIT P7	A TRUE COPY 21.8.2019 I	OF N W	JUDGMENT DATED PC NO 22750/2019
EXHIBIT P8	A TRUE COPY IN ACCOUNT	OF NO	NOTICE DATED 4.10.2019 170/2010-33
EXHIBIT P8 A	A TRUE COPY IN ACCOUNT	OF NO	NOTICE DATED 4.10.2019 165/11-57

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RESPONDENTS' EXHIBITS: NIL

Anila Kumari C.A v. Branch Manager

Case brief

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Anila Kumari C.A v. Branch Manager

Case brief

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