Allowed

Sasidharan Pillai T.S. v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC8 Dec 2021WP(C)/19953/2021

Case brief

AI extract

What is this about?

Petitioners sought to keep recovery proceedings in abeyance and pay loan dues in installments citing pandemic hardship. The High Court permitted installment repayment and stayed recovery proceedings conditioned on adherence to the schedule.

What did the court decide?

Petitioners directed to remit ₹7.5 lakhs by 31.01.2022 and balance in 10 monthly installments starting 28.02.2022; recovery proceedings stayed if schedule adhered to.

Sasidharan Pillai T.S. Vs Kerala State Financial Enterprises Limited (Ksfe) — Kerala HC (2021) — LawSathi Research

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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 N.NAGARESH

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021/17TH AGRAHAYANA, 1943

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WP(C) NO. 19953 OF 2021

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PETITIONERS:

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1 SASIDHARAN PILLAI T.S. AGED 68 YEARS S/O. K.C.SIVARAMA PILLAI, KEEZHOOTTU THAZHETHIL VEEDU, KALANJOOR, PATHANAMTHITTA DISTRICT-689 694.

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2 VIJAYAKUMARI P.S. AGED 64 YEARS W/O. SASIDHARAN PILLAI T.S., KEEZHOTTU THAZHETHIL VEEDU, KALANJOOR, PATHANAMTHITTA DISTRICT-689 694.

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3 JAYAMON T.NAIR S/O. THANKAPPAN NAIR, MANGALASSERRIL HOUSE, KALANJOOR P.O., PATHANAMTHITTA DISTRICT-689 694.

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BY ADV V.PHILIP MATHEW

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RESPONDENTS:

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1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)

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(K.S.F.E. LTD), REGISTERED OFFICE, BHADRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR-680 020 REPRESENTED BY ITS MANAGING DIRECTOR.

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2 THE MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISE LTD., REGISTERED OFFICE, BHADRATHA, PB.NO.510, MUSEUM ROAD, THRISSUR-680 020.

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3 THE MANAGER KSFE LTD., KALANJOOR BRANCH, NEAR KALANJOOR TEMPLE, KALANJOOR P.O., PATHANAMTHITTA-689 694.

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4 SPECIAL DEPUTY TAHSILDAR (R.R) THE K.S.F.E. LTD., R.R.UNIT, K.S.F.E. BUILDING, CHINNAKKADA, KOLLAM-691 001.

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W.P.(C) No.19953/2021

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: 2 :

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5 VILLAGE OFFICER KALANJOOR VILLAGE OFFICE, KALANJOOR P.O., PATHANAMTHITTA-689 694.

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BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD. SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19953/2021

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N. NAGARESH, J.

Dated this the 8^th day of December, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioners are before this Court seeking to

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keep the entire recovery proceedings in respect of Chitties and Loans mentioned in Exts.P1 to P15 in abeyance for a period of one year for enabling petitioners 1 and 2 to wipe out the entire liability due to KSFE.

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Petitioners 1 and 2, who are senior citizens, availed eight chitty loans from the KSFE. The 3^rd petitioner, who is the nephew of the 1^st petitioner, is a Guarantor to the said loans.

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The 1^st petitioner produced three Malayalam Films, but those were not financially successful. It is to overcome the financial liabilities arising therefrom that the 1^st

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W.P.(C) No.19953/2021

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: 4 :

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petitioner availed loans from the KSFE. The loans are secured as the petitioners have deposited title deeds with the KSFE.

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When the Chitty Loans were defaulted, the respondents have initiated Revenue Recovery proceedings. Exts.P1 to P15 are demand notices. The petitioners state that steps for attachment of properties, are taken. The entire extent of property is not required to discharge the debts. The interest charged on the dues are unconscionable. The petitioners could not pay amounts due to the pandemic situation. The recovery proceedings are therefore liable to be deferred by one year, contended the counsel for the petitioners.

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The Standing Counsel for respondents 1 to 3 contested the writ petition. The petitioners have consistently defaulted in repayment. The KSFE therefore has a legal right to proceed against the petitioners invoking the provisions of the Kerala Revenue Recovery Act. This is a monetary dispute and hence this Court should not invoke its jurisdiction

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W.P.(C) No.19953/2021

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: 5 :

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under Article 226 of the Constitution of India, contended the Standing Counsel.

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I have heard the counsel for the petitioners, the Standing Counsel for respondents 1 to 3 and the Senior Government Pleader representing respondents 4 and 5.

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Though the issue involved is a purely monetary dispute between the parties, this Court, taking into consideration the pandemic atmosphere still persisting, is of the view that the petitioners should be permitted to pay the amount due from them, in installments.

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The writ petition is therefore disposed of with the

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following directions:-

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(i) The petitioners shall remit an amount of ₹7.5 lakhs to respondents 1 to 3, on or before 31.01.2022.

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(ii) The balance amount payable by the petitioners should be paid in 10 consecutive and equal monthly installments along with accrued interest, and the first of such

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W.P.(C) No.19953/2021

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installments should be paid on or before 28.02.2022.

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(iii) If the petitioners make default in paying ₹7.5 lakhs on or before 31.01.2022 or make two consecutive defaults in remitting the monthly installments, the respondents will be at liberty to proceed with Exts.P1 to P15 or in any other manner, in accordance with law.

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(iv) If the petitioners adhere to the repayment schedule as ordered above, revenue recovery proceedings initiated under Exts.P1 to P15 shall be kept in abeyance.

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Sd/- N. NAGARESH, JUDGE

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aks/09.12.2021

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W.P.(C) No.19953/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	COPY OF DE	MAND	NOTICE
	NO.SDT/KLM/16679/2019-	20	DATED
	30.4.2020 RRC NO.201 BY 4TH RESPONDENT UNDE	8/6468/03 R SECTION	ISSUED 7.
Exhibit P2	COPY OF DEMAND NOTICE NO.RRC NO.2018/6468/03 ISSUED BY 4TH RESPONDE	UNDER SEC DATED 30 NT.	TION 34 .4.2020
Exhibit P3	COPY OF DEMAND NOTICE NO.SDT/KLM/16680/2019- NO.2018/6469/03 DATED BY 4TH RESPONDENT.	UNDER SE 20-RRC 30.4.2020	CTION 7 ISSUED
Exhibit P4	COPY OF DEMAND NOTIC 34, NO.2018/6469/03 ISSUED BY 4TH RESPONDE	E UNDER DATED 30 NT.	SECTION .4.2020
Exhibit P5	COPY OF DEMAND NOTICE NO.SDT/KLM/16682/2019- NO.2018/6470/03 DATED BY 4TH RESPONDENT.	UNDER SEC 20 30.4.2020	TION 7, RRC ISSUED
Exhibit P6	COPY OF DEMAND NOTIC 34, RRC NO.2018/ 30.4.2020 ISSUED BY 4T	E UNDER 6470/03 H RESPONDE	SECTION DATED NT.
Exhibit P7	COPY OF DEMAND NOTICE RRC SDT/KLM/16683/2019-20 ISSUED BY 4TH RESPONDE	UNDER SEC NO.2018/6 DATED 30 NT.	TION 7, 471/03, .4.2020
Exhibit P8	COPY OF DEMAND NOTIC 34, RRC NO.2018/ 30.4.2020 ISSUED BY 4T	E UNDER 6471/03, H RESPONDE	SECTION DATED NT.
Exhibit P9	COPY OF DEMAND NOTICE SDT/KLM/16685/2019-20 NO.2018/6467/03 DATED BY 4TH RESPONDENT.	UNDER SE 30.6.2020	CTION 7 RRC ISSUED
Exhibit P10	COPY OF DEMAND NOTIC 24, RRC SDT/KLM/16679/2019-20 ISSUED BY 4TH RESPONDE	E UNDER NO.2018/6 DATED 30 NT.	SECTION 467/03, .4.2020

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W.P.(C) No.19953/2021

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Exhibit P11	COPY OF DEMAND NOTICE UNDER	SECTION 7,
	RRC NO.2018/6465/03, DATED SDT/KLM/16688/2019-2020 ISSU RESPONDENT.	30.4.2020 ED BY 4TH
Exhibit P12	COPY OF DEMAND NOTICE UND	ER SECTION
	34, RRC NO.2018/6465/03 30.4.2020 ISSUED BY 4TH RESP	, DATED ONDENT.
Exhibit P13	COPY OF DEMAND NOTICE UNDER RRC NO.2018/6464/03, DATED SDT/KLM/16689/2019-2020 ISSU RESPONDENT.	SECTION 7, 30.4.2020 ED BY 4TH
Exhibit P14	COPY OF DEMAND NOTICE UNDER	SECTION 34
	NO.RRC NO.2018/6464/03, 30.4.2020 ISSUED BY 4TH RESP	DATED ONDENT.
Exhibit P15	COPY OF DEMAND NOTICE UNDER NO.DT/KLM/17243/2019-20,	SECTION 7 DATED
	26.6.2020 ISSUED BY 4TH RESP	ONDENT.

Sasidharan Pillai T.S. v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

Sasidharan Pillai T.S. v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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What did the court decide?

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