Vijayakumar vs Branch Manager

Type Court Judgment Court Kerala Decided Apr 01, 2024

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Citation: sooperkanoon.com/1320095
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Apr 01, 2024
Case Number: WP(C)/12759/2024

Parties & Advocates

Appellant / Petitioner

Vijayakumar

Respondent

Branch Manager

Excerpt

.....provided same is paid by him in not more than 15 equal monthly installments.2. the learned counsel for the petitioner - sri.bijith s.khan, accepted the afore suggestion. taking note of the afore submissions and inorder to obtain a balance between the rivalinterests of the parties, i allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 15 equal monthly installments commencing from 01.05.2024.needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the “ksfe” will return to him all security documents as are necessary; but, if on the contrary, any two consecutive instalments are defaulted, the benefit of this judgment will be lost to him and the “ksfe” will be at full liberty to pursue further action pursuant to ext.p1, without having to obtain further orders from this court. it is also needless to say, therefore, that as long as the amounts as afore are paid, all further action pursuant to ext.p1 will stand deferred.sd/- devan ramachandran judge sas appendix of wp(c) 12759/2024 petitioner exhibits exhibit p1 a true copy of the notice/revenue recovery under kerala revenue recovery act, 1968 dated 10.01.2024 issued by 1st respondent in no. 011/chitty-45/2012-54

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 PETITIONER/S: VIJAYAKUMAR AGED 69 YEARS S/O. PARAMESHWARAN PILLAI, VIJAYAVILASOM HOUSE, MUKATHALA P.O., KOLLAM, PIN - 691577 BY ADVS. BIJITH S.KHAN RAJESH O.N. RESPONDENT/S: 1 BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD (KSFE) ATTINGAL MAIN, BISMI CENTRE, NEAR KSRTC BUS STAND, ATTINGAL P.O., THIRUVANANTHAPURAM, PIN - 695101 2 THE KERALA STATE FINANCIAL ENTERPRISES LTD (KSFE) BHADRATHA, MUSEUM ROAD, P.B. NO.510,THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020 BY ADV P.V.ANOOP (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

When this matter was called today, the learned Standing Counsel for the respondent - Kerala State Financial Enterprises Ltd. (“KSFE”) submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.11,92,013/-, as on 31.03.2024, along with all applicable charges and interest, provided same is paid by him in not more than 15 equal monthly installments.

2. The learned counsel for the petitioner - Sri.Bijith S.Khan, accepted the afore suggestion. Taking note of the afore submissions and in

order to obtain a balance between the rival

interests of the parties, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 15 equal monthly installments commencing from 01.05.2024.

Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the “KSFE” will return to him all security documents as are necessary; but, if on the contrary, any two consecutive instalments are defaulted, the benefit of this judgment will be lost to him and the “KSFE” will be at full liberty to pursue further action pursuant to Ext.P1, without having to obtain further orders from this Court. It is also needless to say, therefore, that as long as the amounts as afore are paid, all further action pursuant to Ext.P1 will stand deferred.

Sd/- DEVAN RAMACHANDRAN JUDGE SAS APPENDIX OF WP(C) 12759/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE/REVENUE RECOVERY UNDER KERALA REVENUE RECOVERY ACT, 1968 DATED 10.01.2024 ISSUED BY 1ST RESPONDENT IN NO. 011/CHITTY-45/2012-54

Same Court & Year Kerala · 2024 Same Parties Vijayakumar vs Branch Manager Same Judge Honourable Mr. Justice Devan Ramachandran