Allowed

Ajithkumar v. the Manager

Kerala HC15 Feb 2024WP(C)/894/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition granting liberty to the petitioner and the third respondent to pay the outstanding Chitty account amount with interest and charges by 31.03.2024, upon which the account would close and title documents be returned.

What did the court decide?

Liberty to pay outstanding amount of Rs.4,35,741/- plus charges and interest by 31.03.2024 to close account and return title documents.

Ajithkumar Vs the Manager — 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

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THURSDAY, THE 15^TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

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WP(C) NO. 894 OF 2024

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PETITIONER:

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AJITHKUMAR AGED 64 YEARS S/O. SIVARAMAN NAIR, KAUSTHUBHAM AYANIVELIKULANGARA NORTH, S.V MARKET P.O, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 695073 BY ADVS. M.AJITH (KARICODE) R.MOHANA BABU

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RESPONDENTS:

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1 THE MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD PERUMPUZHA BRANCH SREEKRISHNA BUILDING, ELAMPALLOR VILLAGE KOLLAM DISTRICT - 691504

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2 THE SPECIAL DEPUTY TAHSILDAR REVENUE RECOVERY, KSFE REGIONAL OFFICE, CHIRMAKKADA MAIN, KOLLAM DISTRICT - 691001

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3 MANIJA SAJEEVE W/O.SAJEEVE KATTAZHIKATHU VEEDU, CHANDANATHOPPE P.O, KOTTAMKARA VILLAGE, KOLLAM DISTRICT, PIN - 691004 BY ADVS. SRI.P.V.ANOOP – SC. SRI.N.P.PRADEEP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 894 of 2024

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: 2 :

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JUDGMENT

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When this matter was called today, Sri.M.Ajith – learned counsel for the petitioner, confined his plea that the respondents 1 and 2 be directed to allow his client to pay off the total outstanding in the “Chitty” account availed off by him, so as to free the property which has been offered as collateral security by the 3^rd respondent, through an equitable mortgage over it.

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Sri.P.V.Anoop – learned Standing Counsel for the Kerala State Financial Enterprises (KSFE), in response, submitted that, the total amount in the “Chitty” account, as on today, is Rs.4,35,741/-; and that, if the petitioner, or the 3^rd respondent, pays of the same, along with the applicable charges and interest, by the end of March, 2024, they will not stand in the way of this Court directing the account to be thus closed.

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The learned counsel for the petitioner, and the learned counsel for the 3^rd respondent, acceded to the afore suggestion.

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In the afore circumstances, I allow this writ petition,

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W.P.(C).No. 894 of 2024

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: 3 :

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granting liberty to the petitioner and/or the 3^rd respondent, to pay the stated outstanding amount of Rs.4,35,741/-, as of today, along with all applicable charges and interest, into the “Chitty” account in the name of the first among them, on or before 31.03.2024; in which event, the said account will stand closed, and the 'KSFE' will return the title documents to th e 3 rd respondent. I record that this has been acceded to by the petitioner also.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

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W.P.(C).No. 894 of 2024

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: 4 :

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APPENDIX OF WP(C) 894/2024

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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WP(C). NO.15321/2023 DATED 09.5.2023 OF THIS HON'BLE COURT Exhibit P2 A TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF RS.1322642 DATED 23.12.2023 ISSUED BY 2ND RESPONDENT Exhibit P3 A TRUE COPY OF SALE DEED NUMBER.1845/2021 EXECUTED BY 3RD RESPONDENT IN FAVOUR OF PETITIONER DATED 29/11/2021

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RESPONDENTS' EXHIBITS : NIL.

Ajithkumar v. the Manager

Case brief

What is this about?

What did the court decide?

Ajithkumar v. the Manager

Case brief

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