Allowed

Adv. Rathish H v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC5 Oct 2021WP(C)/21153/2021

Case brief

AI extract

What is this about?

The High Court permitted the first petitioner, a chit subscriber unable to pay due to Covid-19, to remit arrears and future instalments in ten monthly payments, with the standing counsel of the petitioner explaining the court's orders.

What did the court decide?

First petitioner to pay arrears and future instalments in ten equal monthly instalments commencing from 1.1.2022; further proceedings deferred.

Adv. Rathish H Vs Kerala State Financial Enterprises… — Service and Employment | 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 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

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WP(C) NO. 21153 OF 2021

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PETITIONERS:

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1 ADV. RATHISH H, VENATTU HOUSE, KUTTIPPUZHA, KUNNUKARA, ERNAKULAM DISTRICT - 683578

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2 SANTHI SASIDHARAN, W/O.ADV. RATHEESH H, VENATTU HOUSE, KUTTIPPUZHA, KUNNUKARA, ERNAKULAM DISTRICT - 683578.

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BY ADV SRI.FEBIN J.VELUKARAN

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RESPONDENTS:

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1 THE KERALA STATE FINANCIAL ENTERPRISES LTD., ATHANI BRANCH, ERNAKULAM DISTRICT-683 585 REPRESENTED BY ITS BRANCH MANAGER.

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2 THE HEAD MISTRESS, ST.JOSEPHS HIGH SCHOOL, NARANAMUZHI, ATTIKKAYAM, RANNI, PATHANAMTHITTA DISTRICT-689645.

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BY SRI.PRIJITH P., STANDING COUNSEL, KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21153 of 2021

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..2..

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W.P.(C)No.21153 of 2021

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J U D G M E N T

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The first petitioner was the subscriber of a chit run by the Kerala State Financial Enterprises Limited (the KSFE). On prizing the chit, the first petitioner has received the prize money. The second petitioner, the wife of the first petitioner, was the guarantor to the transaction. The first petitioner did not, however, remit the latter instalments of the chit. Proceedings have been, consequently, initiated by the KSFE against the petitioners for realization of the amounts. Ext.P3 is the notice issued by the KSFE to the petitioners in this regard. This writ petition is instituted aggrieved by the steps taken by the KSFE.

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Heard the learned counsel for the petitioners

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as also the learned Standing Counsel for the KSFE.

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W.P.(C) No.21153 of 2021

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..3..

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When the matter was taken up, the learned counsel for the petitioners only prayed for indulgence of this court to liquidate the liability in convenient instalments.

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The learned Standing Counsel for the KSFE submitted, on instructions, that the outstanding liability of the first petitioner as on today comes to Rs.1,25,384/-. It was

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also pointed out that the fist petitioner has to remit, in addition, six instalments of the chit.

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Having regard to the pleading of the petitioners that the inability on the part of the first petitioner in remitting the instalments of the chit was due to the fact that he was infected with Covid-19 and that he is still undergoing treatment for the same, I deem it appropriate to dispose of the writ petition permitting the first petitioner to pay the further instalments of the chit on time and to pay the arrears as on today in ten equal monthly instalments commencing from 1.1.2022. Ordered accordingly. It is, however, made clear that if the first petitioner commits default in remitting any one of

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W.P.(C) No.21153 of 2021

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..4..

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the instalments as directed, the KSFE would be at liberty to realise the entire balance due in lump sum. Needless to say that if the first petitioner remits the amount as directed above, further proceedings pursuant to Ext.P3 shall be deferred.

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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W.P.(C) No.21153 of 2021

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..5..

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APPENDIX OF WP(C) 21153/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE EXTRACTS OF THE RELEVANT PORTION OF THE CHITTY PASS BOOK. Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE 1ST RESPONDENT PERTAINING TO PAYMENTS MADE IN THE CHITTY ACCOUNT. Exhibit P3 TRUE COPY OF THE ATTACHMENT/RECOVERY ORDER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DIRECTING TO ATTACH A PORTION OF 2ND PETITIONERS SALARY. Exhibit P4 TRUE COPY OF THE SAID LETTER PREFERRED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 24.09.2021.

Adv. Rathish H v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

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Adv. Rathish H v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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What did the court decide?

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