The Court permitted the petitioner to clear the outstanding amount within three months, granting a breathing time for recovery proceedings while reserving the question of penal interest waiver.
Permission granted to petitioner to clear outstanding amount within three months; liberty to approach for waiver of penal interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 4TH DAY OF FEBRUARY 2022/15TH MAGHA, 1943 WP(C) NO. 3708 OF 2022
PETITIONER:
R.K.DEEPA, AGED 45, W/O. LATE.C.R.MADHU, MADHAVAM PUTHENVEEDU, PUTHIYAKAVU, K.S. PURAM P.O., KARUNAGAPPALLY, KOLLAM, PIN – 690 528.
BY ADVS. V.PHILIP MATHEWS E.RADHAKRISHNAN
RESPONDENTS:
BY ADV.SRI.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.3708/2022
2
JUDGMENT
Dated this the 4th day of February, 2022
The petitioner is before this Court seeking to quash Ext.P1 notice and to direct the respondents to drop all proceedings based on Ext.P1 and permit the petitioner to repay the amount in Ext.P1 within three months commencing from February, 2022.
3
WP(C)No.3708/2022
4
WP(C)No.3708/2022
respondents entered appearance and controverted all the averments made in the writ petition. The petitioner's husband delayed in repayment of the amounts due. The KSFE therefore took steps and Ext.P1 notice has been issued. However, taking into account the facts and the peculiar circumstances in which the petitioner has approached this Court, a breathing time can be granted to the petitioner, submits the learned Standing Counsel for the respondents.
In view of the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to clear the outstanding amount due to the respondents as indicated in Ext.P1 within a period of three months. The petitioner will be at liberty to approach the respondents for waiver of penal interest and if the rules and regulations permit such waiver, the respondents will be at liberty to consider the request. If
WP(C)No.3708/2022
5
the petitioner is not paying the amount within three months, the respondents will be free to proceed against the petitioner
in accordance with law.
Sd/- N. NAGARESH JUDGE
ncd/05.02.2022
WP(C)No.3708/2022
6
APPENDIX OF WP(C) 3708/2022
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF NOTICE DATED 25.1.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
2 issues framed by the court
Whether the petitioner is entitled to a breathing time to clear the outstanding amount due to the respondents.
Whether application of penal interest can be waived.
R.K.DEEPA
KERALA STATE FINANCIAL ENTERPRISE LTD.
THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISE LTD.
THE MANAGER, KSFE LTD., OACHIRA BRANCH
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
