Allowed

Firos Khan R., S/O.Rafia Beevi v. the Kerala State Financial Enterprises Limited

Kerala HC5 Apr 2024WP(C)/2740/2024

Case brief

AI extract

What is this about?

Writ petition over outstanding chitty dues owed by the petitioner to Kerala State Financial Enterprises. The court allowed payment of the total outstanding amount with applicable charges and interest in ten equal monthly instalments; on full payment KSFE shall close the chitty account and recovery action under Exts.P2 and P3 stands deferred unless two consecutive instalments default.

What did the court decide?

Liberty to pay Rs.2,64,430/- plus charges/interest in 10 monthly instalments; account closure on payment; recovery deferred barring default.

Firos Khan R., S/O.Rafia Beevi Vs the Kerala State… — 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 DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 2740 OF 2024

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PETITIONER:

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FIROS KHAN R.,
S/O.RAFIA BEEVI
AGED 46 YEARS
RESIDING AT VENGAVILA VEEDU, ERAPPIL, MANCODE P.O.,
KOLLAM, PIN - 691559
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
AJAY S. KOSHY
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN

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RESPONDENTS:

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1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED REGISTERED OFFICE BHADRATHA, P.B.NO:510, MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR, PIN - 680020

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2 THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, MEDICAL COLLEGE BRANCH, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011

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3 THE ASSISTANT EDUCATIONAL OFFICER GENERAL EDUCATION DEPARTMENT, ANCHAL P.O., KOLLAM, PIN - 691306

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4 SRI.HAREES A. THE HEADMASTER, GOVERNMENT L.P.S., VENCHEMBU P.O., PUNALUR, KOLLAM, PIN - 691333

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5 SMT.NASEERA BEEGUM B. AGRICULTURAL OFFICER, KRISHI BHAVAN, ARUVAPPALAM, PATHANAMTHITTA, PIN - 689691

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BY ADVS.
BINDU MOHAN
SHINE N.S

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SRI.P.C.ANILKUMAR - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2740 OF 2024 2

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JUDGMENT

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When this matter was called today, Sri.P.C.Anilkumar – learned Standing Counsel for respondents 1 and 2 – Kerala State Financial Enterprises Ltd. (KSFE), submitted that, the total outstanding amount in the chitty account of the petitioner, as on 05.04.2024 is Rs.2,64,430/-; and that if he is willing to pay the same in not more than 10 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

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Sri.Mohan Lal B. – learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

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In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the chitty account, namely, Rs.2,64,430/- as on 05.04.2024, with all applicable charges and interest, in 10 equal monthly installments commencing from 15.05.2024. If this is done, the KSFE shall close the chitty account of the petitioner.

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Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P2 and P3 will stand deferred; but if he defaults payment of two consecutive installments as ordered above, the KSFE will be at full liberty to invoke appropriate

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WP(C) NO. 2740 OF 2024 3

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remedies for recovery of the total balance amount as per law, without

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having to obtain any further orders from this Court.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/5.4

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WP(C) NO. 2740 OF 2024 4

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APPENDIX OF WP(C) 2740/2024

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE RELEVANT PAGES OF THE
CHITTY PERSONAL LEDGER MAINTAINED BY THE
2ND RESPONDENT DATED 21/12/2023 IN THE NAME
OF THE PETITIONER
Exhibit P2THETRUECOPYOFTHENOTICE
NO:093/79/2020/164 DATED 17/11/2023 ISSUED
BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT
Exhibit P3THETRUECOPYOFTHENOTICE
NO:AEOACL/2010/2023-B DATED 12/12/2023
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT
Exhibit P4THE TRUE COPY OF THE RECEIPTS DATED
10/11/2023 AND 21/12/2023 EVIDENCING THE
PAYMENT OF THE AMOUNT BY THE PETITIONER TO
THE 2ND RESPONDENT

Firos Khan R., S/O.Rafia Beevi v. the Kerala State Financial Enterprises Limited

Case brief

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Firos Khan R., S/O.Rafia Beevi v. the Kerala State Financial Enterprises Limited

Case brief

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