Partly allowed

Abdurahman v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC14 Sept 2021WP(C)/18923/2021

Case brief

AI extract

What is this about?

In a writ petition challenging recovery proceedings for a defaulted chitty loan, the court permitted the petitioner guarantor to pay the outstanding amount in 15 monthly instalments, adding conditions regarding future defaults.

What did the court decide?

The writ petition was dismissed subject to the petitioner paying the outstanding liability in 15 equal monthly instalments.

Abdurahman Vs Kerala State Financial… — Contract and Commercial Disputes | Kerala HC (2021)

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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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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,

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1943

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WP(C) NO. 18923 OF 2021

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PETITIONER:

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ABDURAHMAN, S/O KUNHABDULLA MUSLIYAR, ELLATH HOUSE, KARANTHODE P.O, KOZHIKODD DISTRICT.

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BY ADV A.ABDUL RAHMAN (A-1917)

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RESPONDENTS:

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1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KALLACHI BRANCH), REPRESENTED BY ITS MANAGER, KOZHIKODE, KERALA-673001.

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2 HARIS P.P., AGED 36 YEARS, S/O KUNHISOOPPI, PUTHAN PURAYIL HOUSE, VADAKARA, KALLACHI, NADAPURAM, KOZHIKODE DISTRICT, PIN-673506.

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SRI. SALIL NARAYANAN K.A SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.18923 of 2021

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W.P.(C) No.18923 of 2021

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J U D G M E N T

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The petitioner was a guarantor to the chitty loan availed by the second respondent from the first respondent, the Kerala State Financial Enterprises Limited (the KSFE). The second respondent committed default in remitting the instalments of the chitty loan and also the subscription of the chitty. Proceedings have, therefore, been initiated against the petitioner and the second respondent for realisation of the amounts due in respect of the chitty loan. The petitioner is aggrieved by the said proceedings and hence this 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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The learned Standing Counsel for the KSFE submitted, on instructions, that a sum of Rs.14,28,009/- is outstanding in the chitty loan account availed by the second respondent.

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The learned counsel for the petitioner then pointed

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out that he is prepared to liquidate the liability, if convenient instalments are given to him.

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Having regard to the facts and circumstances of the case

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W.P.(C) No.18923 of 2021

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as also the orders passed by this Court in similar and identical writ petitions, I deem it appropriate to dispose of the writ petition permitting the petitioner to pay the outstanding liability in the chitty loan account in 15 equal monthly instalments commencing from 01.10.2021. Ordered accordingly. Needless to say that if the petitioner commits default in payment of any one of the instalments, the KSFE would be free to realise the amounts due in lump sum.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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YKB

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W.P.(C) No.18923 of 2021

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APPENDIX OF WP(C) 18923/2021

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PETITIONER EXHIBITS

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Exhibit P1

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TRUE COPY OF THE NOTICE IN CHITTI LOAN NO NLC 2297, 27/16-19 DATED 04.08.2021 ISSUED BY THE 1ST RESPONDENT.

Abdurahman v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

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Abdurahman v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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What did the court decide?

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