Dismissed

Celine Syriac v. State of Kerala

Kerala HC17 Jun 2022WP(C)/8301/2022

Case brief

AI extract

What is this about?

On a Writ Petition regarding default repayment by the petitioner to Kerala Financial Corporation, the court granted time to clear arrears in eight equated monthly installments, keeping recovery proceedings in abeyance upon timely remittance.

What did the court decide?

The entire arrears with interest shall be paid in eight equated monthly installments; recovery proceedings kept in abeyance during regular remittance; request for interest reduction shall be considere

Celine Syriac Vs State of Kerala — Banking and Recovery | 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 V.G.ARUN

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FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 8301 OF 2022

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PETITIONER/S:

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CELINE SYRIAC
AGED 66 YEARS
W/O.SYRIAC KURIEN,
MALIYIL HOUSE, PALAMATTOM,
THATTEKKAD.P.O., ERNAKULAM DISTRICT.
, PIN - 686681
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
AHAMMAD SACHIN K.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY (REVENUE DEPARTMENT), SECRETARIAT, PALAYAM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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2 THE DISTRICT COLLECTOR, ERNAKULAM OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION.P.O, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030

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3 THE DEPUTY TAHSILDAR (R.R.) KOTHAMANGALAM TALUK OFFICE, FOURTH FLOOR, REVENUE TOWER, SH 16, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686666

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4 THE VILLAGE OFFICER KEERAMBARA VILLAGE OFFICE, PUNNEKKAD.P.O, ERNAKULAM DISTRICT, PIN - 686681

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5 KERALA FINANCIAL CORPORATION ZONAL OFFICE, SNDP SHOPPING COMPLEX, JYOTHI JUNCTION, P.P.ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS ZONAL MANAGER, PIN - 683542

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6 THE MANAGING DIRECTOR KERALA FINANCIAL CORPORATION, VELLAYAMBALAM.P.O., THIRUVANANTHAPURAM, PIN - 695033

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7 THE ZONAL MANAGER

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WP(C) NO. 8301 OF 2022

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KERALA FINANCIAL CORPORATION,
BRANCH OFFICE, SNDP SHOPPING COMPLEX,
JYOTHI JUNCTION, P.P.ROAD, PERUMBAVOOR.P.O.,
ERNAKULAM DISTRICT, PIN - 683542

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BY ADVS.
ADV. VENUGOPAL.M.R
DHANYA P.ASHOKAN(K/001671/2000)
S. MUHAMMAD ALIKHAN(K/000644/2020)

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OTHER PRESENT:

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GP AMMINIKUTTY K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 8301 OF 2022

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JUDGMENT Dated this the 17^th day of June, 2022

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The petitioner availed a loan from the Kerala

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Financial Corporation and committed default in repayment. This resulted in the Corporation initiating revenue recovery proceedings. This writ petition is filed essentially seeking a breathing time for regularising the loan account. 2. While granting interim order, this Court had directed the petitioner to remit Rs. 10 lakh. Thereafter, another ten lakh was directed to be deposited for continuing the order. It is reported that an amount of Rs.20 lakhs has been deposited in compliance of the order.

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Learned Counsel for the petitioner requested to grant atleast ten instalments for clearing the arrears and assured that the regular installments will be remitted without default.

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Learned Standing Counsel submitted that as on date the arrears alone comes to more than Rs. 65 lakhs and the petitioner should pay atleast the arrears if the

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WP(C) NO. 8301 OF 2022

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benefit of repaying the balance amount in installments is to be extended.

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Having heard the learned Counsel on either side and considering that the petitioner had proved his bona fides by depositing an amount of Rs.20 lakhs in terms of the directions issued by this Court, I deem it appropriate to dispose the writ petition as under:-

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The entire arrears as on date with interest thereon shall be paid in eight equated monthly installments.

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The first instalment shall be paid on or before 01.07.2022 and the balance installments, before the first day of every succeeding month.

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Default in remittance of any one installment will result in the benefit of this judgment being withdrawn and the Corporation being at liberty to continue the recovery proceedings.

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As long as the installments are remitted without default, the recovery proceedings shall be kept in abeyance.

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WP(C) NO. 8301 OF 2022

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5

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The petitioner shall also remit the regular

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installments without default.

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If the arrears are cleared in the manner directed

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above, the Corporation shall consider the petitioner’s

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request for reduction of interest to the existing rate.

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Sd/-

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V.G.ARUN
JUDGE

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RK

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WP(C) NO. 8301 OF 2022

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APPENDIX OF WP(C) 8301/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF` `CLASSIFICATIO` `RESORT ISSUED` `GENERAL OF HO` `APPROVAL AND` `DATED 15.05.2`	`THE` `N OF` `BY` `TEL` `CLAS` `018`	`LETTER SHOWING THE` `THE PETITIONER'S` `THE ASSISTANT DIRECTOR` `AND RESTAURANTS` `SIFICATION COMMITTEE`
`Exhibit P2`	`TRUE COPY OF` `TO THE LOAN A`	`THE` `CCOU`	`STATEMENT WITH RESPECT` `NT NO.160410110`
`Exhibit P3`	`TRUE COPY OF` `TO THE LOAN A`	`THE` `CCOU`	`STATEMENT WITH RESPECT` `NT NO.160410111`
`Exhibit P4`	`TRUE COPY OF` `TO THE LOAN A`	`THE` `CCOU`	`STATEMENT WITH RESPECT` `NT NO.160410112`
`Exhibit P5`	`TRUE COPY OF` `TO THE LOAN A`	`THE` `CCOU`	`STATEMENT WITH RESPECT` `NT NO.160410113`
`Exhibit P6`	`TRUE COPY OF` `SUBMITTED BY` `6TH RESPONDEN`	`THE` `THE` `T DA`	`REPRESENTATION` `PETITIONER BEFORE THE` `TED 22.12.2020`
`Exhibit P7`	`TRUE COPY OF` `SUBMITTED BY` `7TH RESPONDEN`	`THE` `THE` `T DA`	`REPRESENTATION` `PETITIONER BEFORE THE` `TED 13.01.2021`
`Exhibit P8`	`TRUE COPY OF` `SUBMITTED BY` `7TH RESPONDEN`	`THE` `THE` `T DA`	`REPRESENTATION` `PETITIONER BEFORE THE` `TED 06.09.2021`
`Exhibit P9`	`TRUE COPY OF` `SUBMITTED BY` `6TH RESPONDEN`	`THE` `THE` `T DA`	`REPRESENTATION` `PETITIONER BEFORE THE` `TED 14.02.2022`
`Exhibit P10`	`TRUE COPY OF` `NOTICE ISSUED` `DEMANDING 2,` `₹` `02.03.2022`	`THE` `BY` `26,9`	`REVENUE RECOVERY` `THE 3RD RESPONDENT` `2,735/- DATED`

Celine Syriac v. State of Kerala

Case brief

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Celine Syriac v. State of Kerala

Case brief

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