Partly allowed

K.P. Leena v. Kerala Financial Enterprises Limited

Kerala HC6 Oct 2021WP(C)/21199/2021

Case brief

AI extract

What is this about?

The court permitted the petitioner, a citizen subscriber of a KSFE chit bond loan, to pay outstanding dues in 12 equal monthly instalments, deferring further proceedings pending compliance, with a proviso that total default results in lump-sum recovery.

What did the court decide?

Petitioner permitted to pay outstanding liability of Rs. 3,60,524/- in 12 equal monthly instalments; further proceedings in abeyance upon compliance.

K.P. Leena Vs Kerala Financial Enterprises Limited — 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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WEDNESDAY, THE 6^TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943 WP(C) NO. 21199 OF 2021

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PETITIONER:

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K.P. LEENA, AGED 50 YEARS W/O. MURALEEDHARAN K.V., POORNASHRI HOUSE, MANNUTHI, OLLUKKARA, THRISSUR-680655.

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BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. U.M.HASSAN P.PARVATHY

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RESPONDENT:

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KERALA FINANCIAL ENTERPRISES LIMITED CHEMBUKKAVU BRANCH, MUSEUM ROAD, THRISSUR-680 020, REPRESENTED BY IS MANAGER.

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OTHER PRESENT:

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SC,KSFE - ANIL KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21199 of 2021

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..2..

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W.P.(C) No.21199 of 2021

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JUDGMENT

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Petitioner, who was a subscriber of a chit run by the Kerala State Financial Enterprises Limited (the KSFE) has availed a loan on the security of the said chit from the KSFE. Admittedly, the instalments of the said loan have not been paid by the petitioner as agreed. Proceedings have been consequently initiated by the KSFE for realisation of the balance outstanding in the loan account. The petitioner has approached this Court aggrieved by the said proceedings.

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When this matter was taken up, the learned counsel for the petitioner only prayed for indulgence of this court to permit the petitioner to pay the outstanding liability in the loan account in convenient instalments.

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The learned Standing Counsel for the KSFE, on instructions, pointed out that as on today, the outstanding liability in the loan account of the petitioner is Rs.3,60,524/-.

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W.P.(C) No.21199 of 2021

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..3..

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Having regard to the pleadings of the petitioner, and 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 12 equal monthly instalments commencing from 16.10.2021. Ordered accordingly. If the petitioner remits the dues as permitted, further proceedings for realisation of the amount from the petitioner shall be deferred. It is made clear that if the petitioner commits default in payment of any one of the instalments, the KSFE would be at liberty to realise the entire amount in lump.

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Sd/P.B.SURESH KUMAR, JUDGE

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ds 06.10.2021

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W.P.(C) No.21199 of 2021

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..4..

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APPENDIX OF WP(C) 21199/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF NOTICE DATED 13.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER UNDER REVENUE RECOVERY ACT.

K.P. Leena v. Kerala Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

K.P. Leena v. Kerala Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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