Allowed

Pokkar v. the Branch Manager

Kerala HC12 Apr 2023WP(C)/11438/2023

Case brief

AI extract

What is this about?

The Court permitted the petitioner to repay the outstanding chitty loan and chitty amount to Kerala State Financial Enterprises Ltd. in twelve equated monthly installments, subject to immediate resumption of recovery action in case of default in any installment.

What did the court decide?

directed the petitioner to pay the outstanding amount in twelve equated monthly instalments starting from 28.04.2023

Pokkar Vs the Branch Manager — Consumer Protection | 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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WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

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WP(C) NO. 11438 OF 2023

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PETITIONER:

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POKKAR AGED 57 YEARS S/O KUNHABDULLA, KALAMULLATHIL,AYANCHERY, PONMERYPARAMBIL.P.O., KOZHIKODE., PIN - 673542 BY ADV P.K.ABOOBACKER(EDAPPALLY)

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RESPONDENTS:

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1 THE BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD, KOZHIKODE EVENING BRANCH, AMBEDKAR BUILDING, RAILWAY STATION LINK ROAD, KOZHIKODE,, PIN - 673502

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2 THE SPECIAL DEPUTY TAHSILDAR (R.R.) KERALA STATE FINANCIAL ENTERPRISES LTD, ARADHANA KAMALA BUILDING, KOZHIKODE, PIN - 673502

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SRI. SALIL NARAYANAN.K.A -SC SMT.VIDYA KURIAKOSE, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.11438 of 2023

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JUDGMENT

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Dated this the 12th day of April, 2023

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The petitioner has availed one chitty loan and one chitty from the Kerala State Financial Enterprises Ltd., Kozhikode Evening Branch – the 1^st respondent. Admittedly, repayment was defaulted consequent to which the Kerala State Financial Enterprises Ltd., resorted to coercive action as per the provisions of the Kerala Revenue Recovery Act, 1968, evident from Exts.P1 and P2 notices issued under Sections 7 and 34 of the Act.

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Even though, various contentions are raised learned counsel for the petitioner submitted that petitioner may be permitted to pay the outstanding amount in twelve equated monthly instalments.

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Learned Standing Counsel for the KSFE Ltd., submitted that an amount of Rs.68,61,755/- is outstanding against the petitioner.

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I have heard the learned counsel for the petitioner, Sri. P.K Aboobacker, learned Standing Counsel for the KSFE Ltd., Sri.Salil Narayanan and learned Senior Government Pleader, Smt. Vidya Kuriakose and perused the pleadings and material on record. Taking into consideration the adverse financial and economic

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W.P.(C) No.11438 of 2023

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situations prevailing in the community, I think it is only appropriate that the petitioner is permitted to pay the outstanding amount in twelve equated monthly instalments.

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Therefore, the writ petition is disposed of, directing the petitioner to pay the amount outstanding in twelve equated monthly instalments, starting from 28.04.2023 and the balance on the corresponding date of the succeeding months. However, I make it clear that if any one of the instalment is defaulted, the respondents will be at liberty to resurrect the action and recover the amount in lump.

Sd/-

SHAJI P. CHALY

JUDGE

W.P.(C) No.11438 of 2023

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APPENDIX OF WP(C) 11438/2023

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE FOR CHITTY ARREARS WITH RRC.NO.2022/516/11 DATED 12.5.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE FOR CHITTY LOAN WITH RRC.NO.2022/535/11 DATED 8.6.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE LETTER DATED 20.8.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR SETTLING CHITTY ARREARS Exhibit P4 THE TRUE COPY OF THE LETTER DATED 20.8.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR SETTLING CHITTY LOAN

Pokkar v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Pokkar v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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