Disposed

Aravind S. Pillai, v. Kerala State Financial Enterprises Limited

Kerala HC4 Feb 2019WP(C)/3207/2019

Case brief

AI extract

What is this about?

Petitioner defaulted on chitty loan installments, prompting recovery proceedings. The High Court allowed time to pay a balance of Rs.2,56,138/- in installments. If paid promptly, coercive steps will stand in abeyance.

What did the court decide?

Petitioner allowed to pay balance of Rs.2,56,138/- in ten monthly installments; coercive steps kept in abeyance upon prompt payment.

Aravind S. Pillai, Vs Kerala State Financial Enterprises… — Consumer Protection | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

¶5

WP(C).No. 3207 of 2019

¶6

PETITIONERS:

¶7

ARAVIND S. PILLAI, AGED 30 YEARS

¶8

S/O.SUKUMARA PILLAI, PRAKRITHI, PULLIKKANAKKU P.O., KAYAMKULAM, ALAPPUZHA, 690537.

¶9

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

¶10

RESPONDENTS:

¶11

1 KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHDRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR-680020, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR.

¶12

2 SPECIAL DEPUTY TAHSILDAR(RR), KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA688001.

¶13

3 THE DEPUTY DIRECTOR COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, SOUTH ZONE, ASP TOWER, CHAMAKKADA, KOLLAM691001.

¶14

4 BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KAYAMKULAM BRANCH, KAYAMKULAM-690502.

¶15

5 SMT.AJITHA B., JR.SUPERINTENDENT, S.N.COLLEGE, VARKKALA,

¶16

PIN -696141.

¶17

ADV.ARUN ANTONY SC KSFE

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No. 3207 of 2019 2

¶20

JUDGMENT

¶21

The petitioner, who had availed chitty

¶22

loans from the 4^th respondent, defaulted in

¶23

repayment of the amounts due towards chitty installments and repayment of loans. Consequently, the respondent bank initiated recovery proceedings to recover the loan amounts. Exts.P1 demand notice was issued to

¶24

the petitioner by the 2^nd respondent. In the writ petition, the petitioner impugns the steps initiated by the respondents for recovery of the loan amounts.

¶25

Heard the learned counsel for the

¶26

petitioner and the learned Standing Counsel appearing for the respondents.

¶27

The learned standing counsel submits

¶28

that an amount of Rs.2,56,138/- is due from

¶29

the petitioner as on 2.02.2019, some time may

¶30

be granted to the petitioner to pay off the

¶31

WP(C).No. 3207 of 2019 3

¶32

entire balance amount.

¶33

In the above view of the matter, and taking into account the plea of financial hardship urged on behalf of the petitioner, this writ petition is disposed of with the following directions:-

¶34

(i) The petitioner shall remit the balance amount of Rs.2,56,138/with accrued interest in ten monthly installments. First of the installments shall be payable on 5.03.2019 and the subsequent installments shall payable on or before the corresponding day of the succeeding months

¶35

(ii)If the installments, as directed above, are promptly paid by the petitioner without default, the coercive steps initiated by the respondents shall be kept in abeyance and the petitioner shall stand discharged on the entire amount being paid.

¶36

WP(C).No. 3207 of 2019 4

¶37

the petitioner commits default in payment of any of the installments, he will lose the benefit of this judgment and the respondents will be free to continue the proceedings against him from the stage at which they presently stand.

SD/-

ANU SIVARAMAN

JUDGE

ACM / 4.02.2019

WP(C).No. 3207 of 2019 5

¶43

APPENDIX

¶44

PETITIONER'S EXHIBITS:

¶45

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 23/12/2017.

Aravind S. Pillai, v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Aravind S. Pillai, v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Joshy Varghese Vs the District Collector

Arya Aravind E.P., Vs State of Kerala

Shanil Chamakkattil, Vs the State of Kerala

Hareesh.R.v. Vs the Managing Director

Krishna Haridas Vs Shajahan

K.K.Sajeevan, Vs State of Kerala