✦ High Court of India · 27 Mar 2025

BY AD vs SHINTO THOMAS

Case Details High Court of India · 27 Mar 2025

Court

High Court of India

Decided

27 Mar 2025

Bench

NITIN JAMDAR S MANU

Length

1,083 words

Acts & Sections

Chit Funds Act 1982

NO.30931 OF 2024 OF HIGH COURT OF KERALA APPELLANT(S)/PETITIONER: 1 2 HIGHNESS INVESTMENTS AND FINANCIERS JASMINE VILE, T.C.15/2038, WOMENS COLLEGE LANE, VAZHUTHAKKAD, THIRUVANANTHAPURAM - REPRESENTED BY IT'S MANAGING PARTNER C.R.SHAJI, CHERUPARAMBIL HOUSE, NADUVATHUNAGAR P. 0. , CHERTHALA, AILEPPEY DISTRICT-PIN 688559, PIN - 695014 SREE PADMANABHA TRADING COMPANY JASMINE VILE, T.C.15/2038, WOMENS COLLEGE LANE, VAZHUTHAKKAD, THIRUVANANTHAPURAM REPRESENTED BY IT'S MANAGING PARTNER C.R.SHAJI, CHERUPARAMBIL HOUSE, NADUVATHUNAGAR P. O. CHERTHALA, AILEPPEY DISTRICT -PIN 688559, PIN - 695014 BY ADVS. SHINTO THOMAS NAVANEETH.N.NATH RAM VINAYAK ABHIRAMI S. MOHAMED ASLAM V.P. ABDUL LATHEEF P.M. WA NOS. 291 & 586 OF 2025 -2- RESPONDENT(S)/RESPONDENTS: 1 2 3 4 5 6 7 8 KERALA STATE FINANCIAL ENTERPRISES LTD HEAD OFFICE, BHADRATHA, CHEMBUKAVU, MUSEUM ROAD, TRISSUR REPRESENTED BY THE MANAGING DIRECTOR., PIN - 680001 THE MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD OFFICE, BHADRATHA, . CHEMBUKAVU, MUSEUM ROAD, TRISSUR, PIN - 680001 SPECIAL DEPUTY TAHSILDAR (R.R) KERALA STATE FINANCIAL ENTERPRISES LTD, NEW TRIDA CENTRE, 2ND FLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,, PIN - 695011 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. THIRUVANANTHAPURAM MAIN BRANCH, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. VAZHUTHACAUD BRANCH, CENTRE PLAZA BUILDING, 2ND FLOOR, VAZHUTHACAUD P.O, THIRUVANANTHAPURAM, PIN - 695014 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. THAMPANOOR EVENING BRANCH, RAMA PLAZA BUILDING, 1ST FLOOR, S.S.KOVIL ROAD, THAMPANOOR P.O., THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. PETTA BRANCH, SENTINEL BUILDING, PATTOOR JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. KOLLAM MAIN BRANCH, K S FE BUILDINGS, P.B.NO.3, CHINNAKKADA , KOLLAM, PIN - 691001 WA NOS. 291 & 586 OF 2025 -3- 9 10 11 12 13 14 BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD. POOJAPPURA BRANCH, 1ST FLOOR, LAKSMI CHAMBERS, OPP. PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURARN, PIN - 695012 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. SASTHAMANGALAM BRANCH 2ND FLOOR, SOWPARNIKA TOWER, P.O.SASATHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. STATUE EVENING BRANCH, SILVER JUBILEE BUILDINGS, CHIRAKKULAM ROAD, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. INCHAKKAL BRANCH, P. O. INCHAKKAL, VALLAKADAVU, THIRUVANANTHAPURAM, PIN - 695008 BRANCH MANAGER KERALA STATE FINANCIAL EPTEAPRISES LTD. ERNAKULAM MAIN BRANCH, PADMA JUNCTION, KOCHI, PIN - 682035 BRANCH MANAGER KERALA STATE FINANCIAL ENTEXPRISES LTD. RANNY BRANCH, 1ST FLOOR, THAMARASSERRY BUILDING, RANNY P. O, PAZHAVANGADY- PATHANAMTHITTA, PIN – 689673 BY ADV. K.A. SALIL NARAYANAN, SC, KSFE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

27.03.2025, ALONG WITH WA.586/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NOS. 291 & 586 OF 2025 -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WA NO. 586 OF 2025 AGAINST THE ORDER DATED 27.01.2025 IN RP NO.1259 OF 2024 OF HIGH COURT OF KERALA APPELLANT(S)/REVIEW PETITIONER/PETITIONER: HIGHNESS INVESTMENTS AND FINANCIERS JASMINE VILE, T.C.15/2038, WOMENS COLLEGE LANE, VAZHUTHAKKAD, THIRUVANANTHAPURAM REPRESENTED BY IT'S MANAGING PARTNER C.R.SHAJI, CHERUPARAMBIL HOUSE, NADUVATHUNAGAR P.O., CHERTHALA, ALLEPPEY DISTRICT, PIN - 688559 BY ADVS. SHINTO THOMAS RAM VINAYAK MOHAMED ASLAM V.P. RESPONDENT(S)/RESPONDENTS/RESPONDENTS: 1 2 KERALA STATE FINANCIAL ENTERPRISES LTD HEAD OFFICE, BHADRATHA, CHEMBUKAVU, MUSEUM ROAD, TRISSUR REPRESENTED BY THE MANAGING DIRECTOR., PIN - 680001 THE MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD WA NOS. 291 & 586 OF 2025 -5- 3 4 5 6 7 8 9 OFFICE, BHADRATHA, CHEMBUKAVU, MUSEUM ROAD, TRISSUR, PIN - 680001 SPECIAL DEPUTY TAHSILDAR (R.R) KERALA STATE FINANCIAL ENTERPRISES LTD, NEW TRIDA CENTRE, 2ND FLOOR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. THIRUVANANTHAPURAM MAIN BRANCH, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. VAZHUTHACAUD BRANCH, CENTRE PLAZA BUILDING, 2ND FLOOR, VAZHUTHACAUD P.O, THIRUVANANTHAPURAM, PIN - 695014 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. THAMPANOOR EVENING BRANCH, RAMA PLAZA BUILDING, 1ST FLOOR, S.S.KOVIL ROAD, THAMPANOOR P.O., THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. PETTA BRANCH, SENTINEL BUILDING, PATTOOR JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. KOLLAM MAIN BRANCH, KSFE BUILDINGS, P.B.NO.3, CHINNAKKADA, KOLLAM, PIN - 691001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. POOJAPPURA BRANCH, 1ST FLOOR, LAKSMI CHAMBERS, OPP. PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012 10 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. SASTHAMANGALAM BRANCH, 2ND FLOOR, SOWPARNIKA WA NOS. 291 & 586 OF 2025 -6- 11 12 13 14 TOWER, P.O.SASATHAMANGALAM, THIRUVANANTHAPURAM, PIN - 696010 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. STATUE EVENING BRANCH, SILVER JUBILEE BUILDINGS, CHIRAKKULAM ROAD, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. INCHAKKAL BRANCH, P.O. INCHAKKAL, VALLAKADAVU, THIRUVANANTHAPURAM, PIN - 695008 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. ERNAKULAM MAIN BRANCH, PADMA JUNCTION, KOCHI, PIN - 682035 BRANCH MANAGER KERALA STATE FINANCIAL ENTEXPRISES LTD. RANNY BRANCH, 1ST FLOOR, THAMARASSERRY BUILDING,RANNY P. O, PAZHAVANGADY- PATHANAMTHITTA, PIN - 689673 SALIL NARAYANAN K A ,SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

27.03.2025, ALONG WITH WA.291/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NOS. 291 & 586 OF 2025 -7- Dated this the 27 March 2025 JUDGMENT th day of NITIN JAMDAR, C.J. Heard Mr. Shinto Thomas, learned counsel appearing for the Appellants and Mr. K.A. Salil Narayanan, learned Standing Counsel appearing for the Kerala State Financial Enterprises Ltd.

2. Learned counsel for the Respondents pointed out that the Appellants have so far filed 20 proceedings on the very same subject matter, yet we find that the learned Single Judge has extended indulgence in not foreclosing the remedies of the Petitioners, but by leaving it open to the Petitioners to invoke the remedy under Section 64 of the Chit Funds Act, 1982, which is a statutory remedy available in respect of disputes arising under the Act.

3. Having argued the matter for some time, the learned counsel for the Appellants states that the Appellants will avail the remedy left open by the learned Single Judge.

4. The writ appeals are accordingly disposed of. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE

3. Having argued the matter for some time, the learned counsel for the Appellants states that the Appellants will avail the remedy left open by the learned Single Judge.

4. The writ appeals are accordingly disposed of. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE

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