Disposed

Subin Paul v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC27 Jan 2023WP(C)/1108/2023

Case brief

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What is this about?

Petitioners sought further extension for One Time Settlement loan default payments. Respondent argued the OTS Committee was disbanded. Court disposed of petition directing respondent to consider the petitioner's representation within three weeks.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's representation dated 18.01.2023 at the earliest and in any case within three weeks from the date of receipt of this judgment.

Subin Paul Vs Kerala State Financial Enterprises Limited… — Landlord and Tenant | Kerala HC (2023)

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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 SHAJI P.CHALY

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FRIDAY, THE 27 T H DAY OF JANUARY 2023 / 7TH MAGHA, 1944

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WP(C) NO. 1108 OF 2023

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PETITIONERS:

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1 SUBIN PAUL AGED 44 YEARS, POONELLIL HOUSE, PULLUVAZHY (P.O), PERUMBAVOOR, PIN - 683541

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2 ANU GEORGE AGED 39 YEARS, W/O.SUBIN PAUL, POONELLIL HOUSE, PULLUVAZHY (P.O), PERUMBAVOOR., PIN - 683541 BY ADV C.AJITH KUMAR

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RESPONDENTS:

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1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) 'BHADRATHA', P.B NO.510, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 680020

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2 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) PERUMBAVOOR BRANCH, PERUMBAVOOR, REPRESENTED BY MANAGER, PIN - 683541

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3 THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES LTD., ERNAKULAM., PIN - 682018 BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

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SRI.P.C.ANILKUMAR,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.1108 of 2023

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JUDGMENT

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Dated this the 27th day of January, 2023

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The petitioners availed two personal loans and two chitty

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loans from the Kerala State Financial Enterprises Limited. Admittedly, default was committed by the petitioner consequent to which action was initiated as per the provisions of the Kerala Revenue Recovery Act. At that point of time petitioner approached this Court by filing W.P.(C) No.31276/2022, and as per Ext.P7 judgment dated 11^th October, 2022 the said writ petition was disposed of with the following directions.

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”The writ petition is accordingly disposed of, permitting the petitioners to submit an application before the One Time Settlement Committee. If such an application is filed within ten days, the same shall be considered and a reasoned decision taken by the Committee, as expeditiously as possible. If the application filed within the ten days, further proceedings based on Exts.P1 to P4 shall be kept on hold till the Committee takes a decision.”

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W.P.(C) No.1108 of 2023

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According to the petitioner, the committee for One

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Time Settlement scheme granted three months time to pay the outstanding amounts and thereafter it was extended upto 31.12.2022; however, the petitioner could remit only an amount of Rs.23 lakhs against an outstanding OTS amount of Rs.58 lakhs. Is thus seeking further extension of time to remit the amount under the OTS scheme, the writ petition is filed.

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Pending the writ petition, the petitioner has filed I.A No.1/2023 and along with the same Ext.P10 representation submitted to the Branch Manager, Kerala State Financial Enterprises Limited, Thrissur is also produced. Even though learned counsel for the petitioners submitted that the time may be extended upto 31.03.2023 enabling the petitioners to pay the balance outstanding under the OTS scheme, the learned Standing Counsel appearing for the respondent objected to the same and submitted that the OTS committee is disbanded, and therefore no committee exists in order to extend the time as is sought for by the petitioners. At that point of time learned counsel for the petitioners submitted that it would suffice if a direction is issued to consider Ext.P10 representation dated 18.01.2023.

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W.P.(C) No.1108 of 2023

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In that view of the matter, the writ petition is disposed of directing the 1^st respondent to consider Ext.P10 representation at the earliest, and at any rate, within three weeks from the

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date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE

W.P.(C) No.1108 of 2023

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APPENDIX OF WP(C) 1108/2023

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PETITIONER EXHIBITS Exhibit-P1	TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO.CHITTY-45/2016-A/28 OF 1ST PETITIONER
Exhibit-P2	TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF THE AMOUNT DUE UNDER LOAN ACCOUNT NO.CHITTY-1/2018-A/35 OF THE 1ST PETITIONER.
Exhibit-P3	TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF THE AMOUNTS DUE UNDER PERSONAL LOAN ACCOUNT NO.KPL-1789 OF 1ST PETITIONER
Exhibit-P4	TRUE COPY OF THE NOTICE DATED 05/05/2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER FOR REALIZATION OF THE AMOUNTS DUE UNDER THE PERSONAL LOAN ACCOUNT NO.KPL- 1848.
Exhibit-P5	TRUE COPY OF THE LETTER DATED 26/07/2022 ISSUED TO THE 1ST PETITIONER IN THE ADALAT OF 1ST RESPONDENT
Exhibit-P6	TRUE COPY OF THE AGREEMENT FOR SALE DATED 18/06/2022 ENTERED INTO BY 1ST PETITIONER WITH JOY.P.M AND MINI JOY
Exhibit-P7	TRUE COPY OF THE JUDGMENT DATED 11/10/2022 IN W.P (C) NO.31276/2022
Exhibit-P8	TRUE COPY OF THE LETTER DATED 19/11/2022 ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT
Exhibit-P9	TRUE COPY OF THE CUSTOMER ACKNOWLEDGEMENT, EVIDENCING THE PAYMENT BY THE PETITIONERS.
Exhibit P10	TRUE COPY OF LETTER DATED 18/01/23 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT

Subin Paul v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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Subin Paul v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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