Disposed

Sherly v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC8 Feb 2022WP(C)/2939/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner resident of Kottayam sought writ directions to regularize defaulted prized chitty repayments to Kerala State Financial Enterprises Limited. The High Court disposed of the petition by permitting installments for the balance amount after an immediate payment.

What did the court decide?

Petitioner must remit Rs.1,00,000 within two weeks; balance payable in 10 equal monthly installments starting thereafter.

Sherly Vs Kerala State Financial Enterprises… — Contract and Commercial Disputes | Kerala HC (2022)

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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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TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 WP(C) NO. 2939 OF 2022

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PETITIONER:

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SHERLY AGED 47 YEARS W/O.JOSE, KARADIYIL HOUSE, PANAMATTAM P.O., ELIKKULAM, KOTTAYAM, KERALA - 686 522. BY ADVS. OMAR SALIM ABDULLA ZIYAD AKHIL RAJ B. SRAVAN M.S. AMITHA MOHAN

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RESPONDENTS:

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1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) BADRATHA, MUSEUM ROAD, P.B.NO.510, THRISSUR - 680 020, PHONE: 0487 2332255, E mail: [email protected] REPRESENTED BY DIRECTOR 2 BRANCH MANAGER KSFE PAIKA BRANCH, 1ST FLOOR, KUNNAMPALLIL BUILDINGS, POOVARANI P.O., PAIKA, KOTTAYAM - 686 577, PHONE:(04822) 225577 MOBILE:9496007395, E mail:[email protected] SRI.SALIL NARAYANAN K.A (SC)-R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2939 OF 2022

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JUDGMENT

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Dated this the 8^th day of February, 2022

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The petitioner who availed prized chitty on three different occasions from KSFE, Paika Branch, Kottayam is before this Court seeking to direct the respondents to regularize the chitty by permitting the petitioner to pay the overdue amount in 12 equal monthly installments.

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The petitioner states that the petitioner submitted salary slip of four Government employees as sureties for the prized chitty availed. On 03.1.2022, the KSFE issued a notice to the petitioner stating that the petitioner has defaulted repayment of installments of prized chitty and an amount of Rs.65,000/plus interest and other charges are due from the petitioner.

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The petitioner thereupon approached the respondent

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and learnt that the petitioner was supposed to pay Rs.5,95,437/towards the three prized chitties. The petitioner requested the

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WP(C) NO. 2939 OF 2022

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respondents to grant sufficient time to repay the amount in installments. As the respondents did not yield to the request, the petitioner is before this Court.

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The learned Standing Counsel for the respondents entered appearance and contested this writ petition. The learned Standing Counsel controverted all the material allegations made by the petitioner in her writ petition. The Standing Counsel submitted that as on 28.01.2022 the total outstanding amount due from the petitioner is Rs.6,79,947/-. If the petitioner makes some substantial payments immediately, installment facilities can be granted to the petitioner to repay the balance amount.

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I have heard the learned counsel for the petitioner

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and the learned Standing Counsel for the respondents.

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In view of the facts and circumstances as stated

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above, this Court is of the view that the writ petition can be disposed of with directions.

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WP(C) NO. 2939 OF 2022

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Accordingly the writ petition is disposed of with the following directions;

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The petitioner shall remit an amount of Rs.1,00,000/- within a period of two weeks from today. The balance outstanding amount along with accruing interest and other

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charges if any, shall be paid in 10 equal monthly installments commencing after the expiry of the aforesaid two weeks.

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If the petitioner commits two consecutive defaults, the respondents will be at liberty to proceed against the petitioner in accordance with law.

N.NAGARESH

JUDGE

spk

WP(C) NO. 2939 OF 2022

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APPENDIX OF WP(C) 2939/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE NOTICE DATED 03/01/2022 ISSUED BY THE SECOND RESPONDENT TO PETITIONER.

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RESPONDENT'S/S EXHIBITS : NIL

Sherly v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

Sherly v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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