Allowed

Beula Jasmin, v. Kerala State Finance Enterprises Ltd. (Ksfe Ltd.)

Kerala HC29 Jan 2021WP(C)/7837/2020

Case brief

AI extract

What is this about?

High Court of Kerala permitted petitioner to remit outstanding loan and chitty dues via 12 monthly instalments and directed respondents to keep revenue recovery proceedings in abeyance pending repayment.

What did the court decide?

Petitioner permitted to remit outstanding amount in 12 equal monthly instalments starting 15.02.2021; revenue recovery proceedings kept in abeyance.

Beula Jasmin, Vs Kerala State Finance Enterprises Ltd… — Banking and Recovery | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

¶5

WP(C).No.7837 OF 2020(D)

¶6

PETITIONER:

¶7

BEULA JASMIN, AGED 38 YEARS, W/O.BINAMCY, 7/289, SYAM NIVAS, ELLUVILA P.O., THIRUVANANTHAPURAM-695 504.

¶8

BY ADV. SRI.THOMSTINE K.AUGUSTINE

¶9

RESPONDENTS:

¶10

1 KERALA STATE FINANCE ENTERPRISES LTD., (KSFE LTD), REPRESENTED BY ITS MANAGER, PARASALA BRANCH, THIRUVANANTHAPURAM-695 122.

¶11

2 THE SPECIAL DEPUTY TAHSILADR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., OFFICE OF THE SPECIAL DEPUTY TAHSIDLAR (RR), AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA-695 121.

¶12

BY ADVS. SRI.P.C.ANIL KUMAR SMT.PRINCY XAVIER, GOVERNMENT PLEADER

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No.7837 OF 2020(D)

¶15

¶16

JUDGMENT

¶17

The writ petition is filed aggrieved by the Revenue Recovery proceedings initiated by

¶18

the 1^st respondent towards the defaulted payment, towards the loan as well as prized chitties availed by the petitioner.

¶19

2. Sri.P.C.Anil Kumar, the learned Standing Counsel on instructions submitted that as on 30.01.2021, the outstanding amount due from the petitioner is Rs.7,27,593/-. It is also stated that in case the petitioner avails the ASWAS scheme, the amount payable would be Rs.4,77,017/-.

¶20

3. The learned counsel for the petitioner submits that a sum of Rs.25,000/- was remitted on 28.01.2021. It is submitted that in case instalment facility is provided, the petitioner would be able to pay off the outstanding amount.

¶21

WP(C).No.7837 OF 2020(D)

¶22

¶23

Therefore the writ petition is disposed

¶24

of permitting the petitioner to remit the outstanding amount in 12 equal monthly instalments starting from 15.02.2021 onwards. In the meanwhile, the respondents shall keep in abeyance the Revenue Recovery proceedings. In case any default is committed in payment of any of the instalments, the respondents will be free to proceed with the Revenue Recovery proceedings. In the meanwhile, if the ASWAS Scheme or any one time settlement is becoming available, petitioner would be free to avail the same in accordance with the said Scheme.

Sd/-

P.V.ASHA JUDGE

WP(C).No.7837 OF 2020(D)

¶29

¶30

APPENDIX

¶31

PETITIONER'S EXHIBITS:

¶32

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 30.11.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE SAID REPRESENTATION DATED 30.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 15.2.2020 ISSUED BY THE 2ND RESPONDENT.

Beula Jasmin, v. Kerala State Finance Enterprises Ltd. (Ksfe Ltd.)

Case brief

What is this about?

What did the court decide?

Beula Jasmin, v. Kerala State Finance Enterprises Ltd. (Ksfe Ltd.)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Ashraf T. Muhammed Vs Greater Cochin Development Authority

S.R.Venugoapal Prabhu Vs the Kerala Industrial Infrastructure Development Corporatin (Kinfra)

Ahamad A.K. Vs State of Kerala

M. Azeez Vs the District Magistrate, Malappuram

Adv. R.V. Sujit Kumar Vs the Kerala Water Authority

Priya P. Vs National Disaster Management Executive Committee