Allowed

Meena. P v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC5 Jan 2024WP(C)/196/2024

Case brief

AI extract

What is this about?

The Kerala High Court allowed a writ petition filed by a debtor facing proceedings under the Revenue Recovery Act. The court permitted repayment of the outstanding amount in twenty equated monthly instalments, keeping coercive proceedings in abeyance.

What did the court decide?

Permitted repayment of outstanding amount of Rs.10,80,383/- in twenty equated monthly instalments and kept coercive proceedings in abeyance.

Meena. P Vs Kerala State Financial Enterprises Limited… — Banking and Recovery | Kerala HC (2024)

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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 GOPINATH P.

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FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945
WP(C) NO. 196 OF 2024

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PETITIONER/S:

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MEENA. P
AGED 48 YEARS
W/O DAMODHARAN, PAZHUPATTA, MUTHUKAD P.O,
PERUVANNAMUZHI, KOZHIKODE, PIN - 673528
BY ADVS.
P.JERIL BABU
SRINATH GIRISH
PRASUDHA.S

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RESPONDENT/S:

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1KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
CHAKKITTAPPARA BRANCH KOZHIKODE. REP. BY ITS MANAGER,
PIN - 673526
2SPECIAL DEPUTY TAHASILDAR (RR)
KSFE, KALLAI ROAD, KOZHIKODE, PIN - 673002
SRI. SALIL NARAYAN K.A, SC
SRI. DHEERAJ A.S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 196 OF 2024 2

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JUDGMENT

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The petitioner is indebted to the Kerala State Financial Enterprises Limited (hereinafter referred to as ‘the KSFE’) under a chitty as well as a housing loan availed by the petitioner. On default being committed, proceedings under the Revenue Recovery Act have been initiated against the petitioner to recover the amounts due. The petitioner has therefore, approached this Court seeking instalments for the repayment of the liability.

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Learned counsel appearing for the petitioner would submit that the petitioner is a law abiding citizen and intends to repay the amounts due to the KSFE. It is submitted that the petitioner could not repay the amounts only on account of financial difficulties and if reasonable time is granted, the petitioner will be in a position to repay the amounts due, in instalments.

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Learned Standing Counsel appearing for the KSFE would submit that the total outstanding amount (calculated with reference to the date 31.01.2024) is Rs.10,80,383/(Rupees Ten lakhs eighty thousand three hundred and eighty three only). It is submitted that there is no objection in

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WP(C) NO. 196 OF 2024 3

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granting some instalments to the petitioner.

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Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the KSFE, I am of the opinion that this writ petition can be disposed of permitting the petitioner to pay off the liability of Rs.10,80,383/- (calculated with reference to the date 31.01.2024) in twenty equal monthly instalmens.

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Accordingly, there will be a direction to the respondent to accept repayment of the entire outstanding amount of Rs.10,80,383/- (Rupees Ten lakhs eighty thousand three hundred and eighty three only) [calculated with reference to the date 31.01.2024] along with accrued interest and charges from the petitioner in the following manner:

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(i) The outstanding amount of Rs.10,80,383/- (Rupees Ten lakhs eighty thousand three hundred and eighty three only) shall be repaid in twenty equated monthly instalments along with any accrued interest/costs;

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(ii) The first instalment shall be paid on or before 25.01.2024 and the subsequent instalments shall be paid on or before the 25^th day of the succeeding months;

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(iii) In the event of default of any one instalment, the respondent shall be entitled to proceed in accordance with law;

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WP(C) NO. 196 OF 2024 4

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(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

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The writ petition is disposed of as above.

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Sd/-

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GOPINATH P.

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JUDGE

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ajt

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WP(C) NO. 196 OF 2024 5

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APPENDIX OF WP(C) 196/2024

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE DEMAND NOTICES IN RRC NO:
2023/629/11, DATED 19-05-2023
Exhibit P2A TRUE COPY OF THE DEMAND NOTICES IN RRC NO:
2023/630/11, DATED 19-05-2023 UNDER SECTION 7
OF THE REVENUE RECOVERY ACT.
Exhibit P3A TRUE COPY OF THE NOTICE U/S 36 OF THE
REVENUE RECOVERY ACT DATED 14-11-2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit P4A TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT,
DATED 23-12-2023

Meena. P v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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Meena. P v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

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