Partly allowed

Ajitha Muralidharan v. the Kerala State Financial Enterprises

Kerala HC16 Dec 2020WP(C)/27739/2020

Case brief

AI extract

What is this about?

The Court stayed recovery proceedings against the petitioners' sureties. The petitioners were directed to pay Rs.30,000 within one month and the balance within three months. Default would allow recovery to proceed. The judgment order later notes a correction to the outstanding figure.

What did the court decide?

Stay of proceedings for recovery from sureties on condition that petitioners pay Rs.30,000 within one month and the balance within three months.

Ajitha Muralidharan Vs the Kerala State Financial… — Banking and Recovery | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 WP(C).No.27739 OF 2020(N)

¶5

PETITIONERS:

¶6

1 AJITHA MURALIDHARAN, AGED 50 YEARS, W/O.MURALIDHARAN, RESIDING AT AMBAT ANJALI HOUSE, PARINJANAM, NEAR PALLIYIL TEMPLE, PARINJANAM, THRISSUR.

¶7

2 AATHIRA M.NAIR, AGED 29 YEARS, D/O.MURALIDHARAN, RESIDING AT AMBAT ANJALI HOUSE, PARINJANAM, NEAR PALLIYIL TEMPLE, PARINJANAM, THRISSUR. BY ADVS. SHRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP

¶8

RESPONDENTS:

¶9

1 THE KERALA STATE FINANCIAL ENTERPRISES, VELIYANNUR BRANCH, REPRESENTED BY ITS MANAGER, ROHINI BUILDING, VELIYANNUR ROAD, THRISSUR - 680 021.

¶10

2 KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MUSEUM ROAD, THRISSUR - 680 020.

¶11

BY ADV. SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C).No.27739 OF 2020(N)

¶14

¶15

JUDGMENT

¶16

The petitioners, who availed loan from the respondents, has filed this writ petition aggrieved by the recovery being made from the sureties.

¶17

2. The learned counsel for the petitioner submits that they will be able to repay the amount within a period of three months. It is also submitted that a sum of Rs.30,000/- will be paid within a period of one month.

¶18

3. Learned Standing Counsel, Sri.Salil Narayanan, on instructions submits that the outstanding amount from the 1^st petitioner is

¶19

Rs.18,840/- and in respect of the 2^nd petitioner, the overdue amount is Rs.1,49,234/- and the total amount comes to more than Rs.2,50,000/-. It is also pointed out that the surety in the case of 1^st petitioner is due to retire on 30.04.2021.

¶20

WP(C).No.27739 OF 2020(N)

¶21

¶22

As the learned counsel for the

¶23

petitioners submitted that the entire amount will be paid within a period of three months, there shall be a stay of proceedings for recovery from the sureties of the petitioners on condition that both the petitioners will together make the payment of a sum of Rs.30,000/- as undertaken by them, within a period of one month from today. The balance payment shall be made by the petitioners within a period of three months. In case the petitioners do not make the payment as undertaken by them and commits default in any of the above payments, respondents would be free to proceed with recovery, in accordance

with law.

Sd/-

P.V.ASHA JUDGE

WP(C).No.27739 OF 2020(N)

¶29

¶30

The figure 'Rs.18,840/-' occurring in Paragraph No.3 of the Judgment dated 16.12.2020 in W.P.(C) No.27739/2020 shall stand corrected as 'Rs.1,88,840/-' as per order dated 18.01.2021 in I.A. No.1/2021 in W.P.(C). No.27739/2020 (N).

¶31

Sd/-

¶32

DEPUTY REGISTRAR

¶33

WP(C).No.27739 OF 2020(N)

¶34

¶35

APPENDIX

¶36

PETITIONERS' EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 21.10.2020 ISSUED BY THE 1ST RESPONDENT TO THE ACCOUNTS OFFICER, DISTRICT POLICE OFFICE, THRISSUR (RURAL) TO RECOVER THE ARREARS DUE TO THE 1ST RESPONDENT FROM THE SALARY OF THE SURETY OF THE 1ST PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 21/10/2020 ISSUED BY THE 1ST RESPONDENT TO THE HEAD MASTER, ST.ALOYSIUS HIGH SCHOOL, ELTHURUTH TO RECOVER THE ARREARS DUE TO THE 1ST RESPONDENT FROM THE SALARY OF THE SURETY OF THE 2ND PETITIONER.

Ajitha Muralidharan v. the Kerala State Financial Enterprises

Case brief

What is this about?

What did the court decide?

Ajitha Muralidharan v. the Kerala State Financial Enterprises

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

C.K.Jayakumar Vs Kerala Motor Transport Workers Welfare Fund Board

Anitha K.A. Vs a.Shajahan

Rajan Gopalan Vs the Divisional Forest Officer

C.Bhaskaran Vs State of Kerala

Akhila Kurian Alias Akhila Ann Baby Vs the Union of India

Praveen R.V Vs Director of Medical Education