MEENA. P v. KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
Case at a glance
Outcome
Disposed of
The writ petition is disposed of as above
Provisions considered
Key paragraphs
- Para 22. 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…
Judgment
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 RESPONDENT/S: 1 2 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) CHAKKITTAPPARA BRANCH KOZHIKODE. REP. BY ITS MANAGER, PIN - 673526 SPECIAL DEPUTY TAHASILDAR (RR) KSFE, KALLAI ROAD, KOZHIKODE, PIN - 673002 SRI. SALIL NARAYAN K.A, SC SRI. DHEERAJ A.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 196 OF 2024 2 JUDGMENT 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.
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.
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 WP(C) NO. 196 OF 2024 3 granting some instalments to the petitioner.
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
Operative part
31.01.2024) in twenty equal monthly instalmens. 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:
(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;
(ii) The first instalment shall be paid on or before 25.01.2024 and the subsequent instalments shall be paid on or before the 25th day of the succeeding months;
(iii) In the event of default of any one instalment, the respondent shall be entitled to proceed in accordance with law; WP(C) NO. 196 OF 2024 4 (iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE WP(C) NO. 196 OF 2024 5 APPENDIX OF WP(C) 196/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 A TRUE COPY OF THE DEMAND NOTICES IN RRC NO: 2023/629/11, DATED 19-05-2023 A TRUE COPY OF THE DEMAND NOTICES IN RRC NO: 2023/630/11, DATED 19-05-2023 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. A TRUE COPY OF THE NOTICE U/S 36 OF THE REVENUE RECOVERY ACT DATED 14-11-2023 ISSUED BY THE 2ND RESPONDENT A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 23-12-2023
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of as above
Which statutory provisions did this judgment involve?
Revenue Recovery Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.