Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11896 OF 2025 PETITIONERS: 1 ANILKUMAR.B AGED 54 YEARS S/O BALAKRISHNAPILLAI, LAKSHMI VILASOM, MURUNTHAL B, PERINAD PO, THRIKKADAVOOR, KOLLAM, PIN - 691 601. 2 SARITHA KUMARI AGED 46 YEARS LAKSHMI VILASOM, MURUNTHAL B, PERINAD PO, THRIKKADAVOOR, KOLLAM, PIN - 691 601. BY ADVS. SREERAJ M.D. NEELANJANA NAIR ATHUL C. RESPONDENT: KERALA STATE FINANCIAL ENTERPRISES (KSFE) LTD. REPRESENTED BY ITS AUTHORIZED OFFICER, KILIKKALLOOR BRANCH, TKM COLLEGE P.O, ROHINI ARCADE, KARICODE, KOLLAM, PIN - 691 005. BY ADV. P.C. ANIL KUMAR, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.11896 OF 2025 : 2 :
JUDGMENT
The 1st petitioner availed one Chitty and one personal loan and the 2nd petitioner availed one Chitty, from the Kerala State Financial Enterprises Limited. They defaulted payment of instalments and the KSFE issued Exts.P1 and P2 notices intimating them that if the dues are not cleared, revenue recovery proceedings will be initiated. The petitioners have filed this writ petition for a direction to the respondent to grant 20 equal monthly instalments for repayment of the entire outstanding amount.
2. When the writ petition is taken up for consideration, Adv. P.C. Anil Kumar, the learned Standing Counsel for the KSFE, on instructions, submitted WP(C) NO.11896 OF 2025 : 3 :
that, as on today (28.03.2025) an amount of Rs.24,58,348/- is outstanding against the petitioners and the petitioners can be permitted to pay the said amount in reasonable instalments.
3. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 20 equal monthly instalments.
4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:-
a) The petitioners shall pay the outstanding amount of Rs.24,58,348/- along with accrued interest and applicable charges in 20 equal monthly instalments commencing from 02.05.2025. b) If the petitioners default payment of any WP(C) NO.11896 OF 2025 : 4 : of the instalments, it will be open to the respondent to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioners shall stand deferred.
Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.11896 OF 2025 : 5 : APPENDIX OF WP(C) 11896/2025 PETITIONERS’ EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER DATED NIL. EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER DATED NIL. EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER DATED 03.01.2025. EXHIBIT P4 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER DATED 03.01.2025.