Allowed

Malu Krishna v. the Branch Manager

Kerala HC9 Feb 2024WP(C)/860/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a subscriber to a chit run, sought to quash a notice threatening sale of her mortgaged property due to default. The Court allowed the petition and directed the financier to permit repayment in ten equal monthly installments, staying coercive recovery proceedings provided no default occurs. A bar was set on extension applications.

What did the court decide?

The petitioner permitted to pay dues in 10 equal monthly installments; coercive proceedings stayed subject to diligent payment; loss of benefit and resumption of recovery upon default of two installme

Malu Krishna Vs the Branch Manager — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV

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FRIDAY,THE9THDAYOFFEBRUARY2024/20THMAGHA,1945

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WP(C)NO.860OF2024

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PETITIONER:

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MALUKRISHNA,AGED33YEARS,D/OMURALEEDHARAN,
MANUSMRITHI',KADAKKODEP.O,EZHUKONE,KOTTARAKKARA,
KOLLAM-691505

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BYADVS.SUJAPADNABANPILLAI
G.RAJANPOTAYIL
YAMUNARANIV.G.
GOPIKRISHNAS.

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RESPONDENTS:

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1THEBRANCHMANAGER,KERALASTATEFINANCIAL
ENTERPRISESLTDETTUMANOORBRANCH,KOTTAYAM,
PIN-686631

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2 DISTRICT EDUCATION OFFICER, OFFICE OF THE DISTRICT EDUCATION, KOTTARAKKARA, PIN - 691506

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3 ARUN JITHESH R, S/O RAVEENDRAN T.N, VATTATHIL HOUSE, ARPOOKARA WEST P.O, KOTTAYAM, PIN - 686008

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4 SOUMYA, C/O ARUN JITHESH, VATTATHIL HOUSE, ARPOOKARA WEST P.O, KOTTAYAM, PIN - 686008

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SRISALILNARAYANAN,SCFORKSFE

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
09.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

W.PC 860 of 2024

JUDGMENT

The petitioner states that she had subscribed to a chit run by the 1^st

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respondent, and the same was prized in her favor. As her finances got adversely affected, she failed to effect repayments on time. This has led the respondent to initiate proceedings to realize the amount. The petitioner has been served with Exhibit P7 notice threatening the imminent sale of the mortgaged property. It is on these assertions that this writ petition is filed seeking to quash Ext.P7 and for

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a direction to the respondents to permit the petitioner to pay the amounts in installments.

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The learned counsel appearing for the financier submitted that the 1st respondent is not averse to granting an opportunity to the petitioner to clear the amount. However, he submits that not more than six installments be

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granted.

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I have considered the submissions advanced and have carefully gone through the records.

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The financier, very fairly, has agreed to permit the petitioner to settle the outstanding amount through a limited number of installments. As a measure of last resort, I am inclined to issue directions to facilitate the petitioner

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W.PC 860 of 2024

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in discharging her financial obligations. This approach is deemed necessary to provide a structured pathway for the petitioner to clear off her monetary liabilities in a manageable manner.

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Resultantly, this writ petition is ordered, and the following directions are

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issued:

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(i) The petitioner shall approach the 1st respondent with a request to inform her of the details of the outstanding amount, together with interest and other charges due from her in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amounts due.

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(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in ten (10) equal monthly installments commencing from 15.3.2024 and continue to pay the same on every successive month thereafter until the entire dues are wiped off.

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(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against her by the respondents for the realization of the amount shall be kept in abeyance.

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W.PC 860 of 2024

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(iv) It is made clear that if the petitioner commits default of any two installments, she will lose the benefit of this judgment, and the financier will be free to continue the recovery proceedings against her from the stage at which they presently stand and recover the entire amount along with interest and other charges.

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(v) It is further made clear that no application for an extension of time will be entertained.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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W.PC 860 of 2024

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APPENDIX OF WP(C) 860/2024

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PETITIONER’SEXHIBITS:

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`Exhibit P1`	`THE TRUE COPY OF THE PETITION IN OP NO. 436/2022 OF` `THE FAMILY COURT, ETTUMANOOR`
`Exhibit P2`	`THE TRUE COPY OF LETTER NO. DEOKTR/693/2023-B4` `DATED 06.11.2023 ISSUED BY DISTRICT EDUCATION` `OFFICER, KOTTARAKKARA`
`Exhibit P3`	`THE TRUE COPY OF THE REPRESENTATION DATED` `28.11.2023 SUBMITTED TO THE 1ST RESPONDENT`
`Exhibit P4`	`THE TRUE COPY OF THE JUDGMENT IN O.P NO.436/2022` `DATED 23.11.2022 OF THE FAMILY COURT, ETTUMANOOR`
`Exhibit P5`	`THE TRUE COPY OF THE RP NO.45/2023 IN OP` `NO.436/2022 OF FAMILY COURT, ETTUMANOOR`
`Exhibit P6`	`THE` `TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED` `BY THE REGISTRAR OF MARRIAGE`
`Exhibit P7`	`THE TRUE COPY OF THE SALE` `NOTICE DATED 27.10.2023` `DEMANDING AN AMOUNT OF RS.39,75,202/- AS ON` `20.10.2023` `ISSUED BY THE AUTHORIZED OFFICER OF` `INDIANBANK`

Malu Krishna v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Malu Krishna v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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