Partly allowed

Vincent.K.C. v. Special Deputy Tahsildar (R.R)

Kerala HC9 Jan 2023WP(C)/195/2023

Case brief

AI extract

What is this about?

Petitioner defaulted on four chits with Kerala State Financial Enterprises Ltd. Court granted relief amid pandemic difficulties, allowing repayment via equated monthly installments contingent on timely payment.

What did the court decide?

The petitioner is permitted to repay the entire balance amount due towards the 4 chits, with interest and costs if any, in 15 equated monthly installments, starting from 15.02.2023. Reverting to recov

Vincent.K.C. Vs Special Deputy Tahsildar (R.R) — Consumer Protection | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 9^TH DAY OF JANUARY 2023 / 19TH POUSHA, 1944

¶5

WP(C) NO. 195 OF 2023

¶6

PETITIONER:

¶7

VINCENT.K.C. AGED 54 YEARS

¶8

S/O.CHACKO, KUDAKKACHIRA HOUSE, CHEMPERI.P.O, ERUVESSY AMSOM, KANNUR DISTRICT., PIN – 670632

¶9

BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH ANAND V.S

¶10

RESPONDENTS:

¶11

1 SPECIAL DEPUTY TAHSILDAR (R.R) KERALA STATE FINANCIAL ENTERPRISES, HASSAN ARCADE, OPPOSITE CIVIL STATION, KANNUR DISTRICT., PIN - 670002

¶12

2 BRANCH MANAGER

¶13

KERALA STATE FINANCIAL ENTERPRISE, TALIPARAMBA BRANCH, TALIPARAMBA.P.O, KANNUR DISTRICT., PIN - 670141

¶14

BY ADVS. AMMINIKUTTY K., GOVERNMENT PLEADER SALIL NARAYANAN, STANDING COUNSEL

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

W.P.(C)NO.195 OF 2023

¶17

¶18

JUDGMENT

¶19

Dated this the 09^th day of January, 2023

¶20

The petitioner subscribed for 4 chits with the Kerala State Financial Enterprises Ltd. (K.S.F.E.) and committed default in repayment after receiving the prized amount. Consequently, the K.S.F.E. initiated recovery measures. Hence, this writ petition.

¶21

Learned Counsel for the petitioner submitted that the petitioner is ready and willing to repay the amount, if opportunity is granted to pay off the amount in reasonable installments.

¶22

Learned Standing Counsel for the K.S.F.E. pointed out that, as on 31.12.2022, the total amount due from the petitioner under the 4 chits will be Rs.33,30,520/-. It is submitted that the petitioner having defaulted repayment from 2013 onwards, no leniency can be shown.

¶23

Considering the difficulties being faced by the public at large due to Covid-19 and resultant lockdown, I am inclined to grant an opportunity to the petitioner to pay off the debt in installments.

¶24

W.P.(C)NO.195 OF 2023

¶25

¶26

The writ petition is hence disposed of as under;

¶27

i. The petitioner is permitted to repay the entire balance amount due towards the 4 chits, with interest and costs if any, in 15 equated monthly installments.

¶28

ii. The first installment shall be paid on or before 15.02.2023 and the balance installments, before the 15^th of every succeeding month.

¶29

iii. Default in repayment of any one of the installments will result in the benefit granted under this judgment being withdrawn and the

¶30

K.S.F.E. being at liberty to continue the recovery proceedings.

¶31

iv. If the installments are paid without default, the recovery proceedings shall be kept in abeyance.

Sd/-

V.G.ARUN

JUDGE

NB/9-1

W.P.(C)NO.195 OF 2023

¶37

¶38

APPENDIX OF WP(C) 195/2023

¶39

PETITIONER’S EXHIBITS

¶40

EXHIBIT-P1

¶41

A TRUE COPY OF THE ATTACHMENT NOTICE DATED 14.12.2022 ISSUED BY THE 1ST RESPONDENT.

¶42

RESPONDENTS’ EXHIBITS: NIL

¶43

TRUE COPY

¶44

P.A. TO JUDGE

Vincent.K.C. v. Special Deputy Tahsildar (R.R)

Case brief

What is this about?

What did the court decide?

Vincent.K.C. v. Special Deputy Tahsildar (R.R)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarath G.Nair Vs Union of India

P.C. Shaji Vs Kerala Water Authority

Kerala State Housing Board Vs Shahul P.M.

Soman.B Vs Ksfe Ltd.

Baby Vs the State of Kerala

Saramma Varkey Vs the District Collector