Kerala High Court
Naseela T.E vs Kerala Financial Corporation on 22 November, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
WP(C) NO. 3517 OF 2021
PETITIONER:
NASEELA T.E., AGED 34 YEARS
D/O. KUNHABDULLA T.E., 5B, CORNISH CASTLE,
GALAXY FLAT, RED CROSS ROAD, KOZHIKODE 673 032.
BY ADV K.PRAVEEN KUMAR
RESPONDENTS:
1 KERALA FINANCIAL CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBLAM,
THIRUVANANTHAPURAM 695 033.
2 THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION, BRANCH OFFICE,
MANUEL SONS BUILDING, MUTHALAKKULAM, KOZHIKODE 673 001.
SRI.M.R.VENUGOPAL
SMT.DHANYA P.ASHOKAN
NIKITA SUBANESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, ALONG WITH WP(C).30252/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3517 OF 2021 & con.case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
1945
WP(C) NO. 30252 OF 2023
PETITIONER:
NASEELA T.E., AGED 36 YEARS
D/O. KUNHABDULLA T.E, 5B, CORNISH CASTLE, GALAXY
FLAT, RED CROSS ROAD, KOZHIKODE, PIN - 673032
BY ADV K.PRAVEEN KUMAR
RESPONDENTS:
1 KERALA FINANCIAL CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
2 THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION,
BRANCH OFFICE, MANUEL SONS BUILDING,
MUTHALAKKULAM, KOZHIKODE, PIN - 673001
3 THE DEPUTY TAHASILDAR,
REVENUE RECOVERY, KERALA FINANCIAL CORPORATION,
KOZHIKODE, PIN - 673001
ADV. VENUGOPAL M.R.
DHANYA P.ASHOKAN(K/001671/2000)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2023, ALONG WITH WP(C).3517/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.3517 OF 2021 & con.case
3
JUDGMENT
[WP(C) Nos.3517/2021, 30252/2023] I am considering both these writ petitions together because, with the petitioner filing the second writ petition - namely W.P.(C) No.30252/2023, nothing effectively remains in the first one, namely W.P.(C) No.3517/2021.
2. Compendiously, the petitioner seeks a direction to the Kerala Financial Corporation (KFC) to offer her the benefit of an earlier One Time Settlement, which was granted to her on 15.09.2020 - a copy of which is on record as Ext.P3 in W.P.(C) No.3517/2021. She admits that she could not pay the full amount as per the said settlement and that Ext.P9 proceedings were thereafter issued by the KFC, under which, she also paid substantially. She says that, however, on account of various factors, including the Covid - 19 pandemic, she was unable to pay off the balance and therefore, that she has been constrained to approach this Court through W.P.(C) No.30252/2023, seeking that the KFC be directed to abide by their earlier offer and to allow her to pay off the same in easy monthly instalments.
WP(C) NO.3517 OF 2021 & con.case 4
3. However, in response to the afore submissions of the petitioner, as made by her learned counsel - Sri.K.Praveen Kumar, the learned standing counsel for the KFC - Smt.Dhanya Ashokan, submitted that the offers given by her client earlier, namely Exts.P3 and P9 produced along with W.P.(C) No.3517/2021, cannot be now sought to be availed by the petitioner because they have lapsed, with the time frames therein having already expired. She submitted that, therefore, the best that her client can now offer to the petitioner is a fresh One Time Settlement, for which, she will have to pay 10% of the balance outstanding, which she said is nearly Rs.5.21 crores.
4. Sri.K.Praveen Kumar - learned counsel for the petitioner, initially resisted the afore suggestion, but submitted that if this Court is inclined to grant his client two months time to pay the affront payment as mentioned above, he will accede by the suggestion made by Smt.Dhanya Ashokan.
5. Smt.Dhanya Ashokan did not oppose the grant of time frame as sought for by Sri.K.Praveen Kumar.
In the afore circumstances, this writ petition is ordered in the following manner:
WP(C) NO.3517 OF 2021 & con.case 5
(a) The petitioner is granted liberty to make a fresh application for One Time Settlement with the KFC, by remitting 10% of the balance outstanding as on today.
(b) If the afore is done by the petitioner within a period of two months from the date of receipt of a copy of this judgment, the competent Authority of the KFC will consider the same, after hearing the petitioner and issue to her resultant proceeding as expeditiously as is possible, but not later than two months thereafter.
(c) It is made clear that, even though this Court has not entered into the merits of any of the rival contentions, every payment made by the petitioner earlier shall be properly accounted for, while the afore exercise is completed.
(d) Needless to say, if the petitioner continues to pay as per the offer to be given by the KFC in terms of the afore directions, all Revenue Recovery action against her shall stand deferred; but if she either refuses to accept the afore liberty and do not approach the KFC within the time frame fixed; or defaults payment of the amounts as per the directions to be given to her by the KFC, pursuant to the afore directions, all further action WP(C) NO.3517 OF 2021 & con.case 6 for recovery against her can be continued by the KFC, without having to obtain further orders from this Court.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO.3517 OF 2021 & con.case 7 APPENDIX OF WP(C) 30252/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF M/S STANES ARCADE Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 04.09.2020 OF SRI. SIDHARTHAN.E Exhibit P3 TRUE COPY OF THE COMMUNICATION NO. KFC/ 60435910, 11, 12, 13/ RECOVERY / 567/ 2020 ISSUED BY THE CHIEF MANAGER OF THE 2ND RESPONDENT BRANCH DATED 15-09-2020 Exhibit P4 TRUE COPY OF THE STATEMENT OF THE LOAN NO.
060435910 DATED 29.07.2020 OF THE PETITIONER Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE STATEMENTS OF ACCOUNTS OF THE LOAN NO. 060435911 DATED 29.07.2020 OF THE PETITIONER Exhibit P6 TRUE COPY OF THE STATEMENTS OF THE LOAN NO.
060435912 DATED 29.07.2020 OF THE PETITIONER Exhibit P7 TRUE COPY OF THE STATEMENTS OF THE LOAN NO.
060435930 DATED 29.07.2020 OF THE PETITIONER Exhibit P8 TRUE COPY OF NOTICE KFC / KKD/RFC / 60435910, 11, 12, 13/ 04-11-2021 DATED 30-01-2021 Exhibit P9 TRUE COPY OF THE NOTICE DATED 25.08.2021 Exhibit P10 TRUE COPY OF THE NOTICE NO. RRC.NO.
2023/2356/11 DATED 22.07.2023 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P11 TRUE COPY OF THE NOTICE NO.2023/2358/11 DATED 02.08.2023 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT WP(C) NO.3517 OF 2021 & con.case 8 APPENDIX OF WP(C) 3517/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF M/S. STANES ARCADE.
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFIED OF SRI.
SIDHARTHAN.E. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.
KFC/60435910, 11, 12,13/RECOVERY /567/2020 ISSUED BY THE CHIEF MANAGER OF THE 2ND RESPONDENT BRANCH DATED 15.09.2O20 EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED 12.12.2019. EXHIBIT P5 TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT OF THE PETITIONER DATED 29.7.2020. EXHIBIT P6 TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT OF THE PETITIONER DATED 29.7.2020. EXHIBIT P7 TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT OF THE PETITIONER DATED 29.7.2020. EXHIBIT P8 TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT OF THE PETITIONER DATED 29.7.20. EXHIBIT P9 TRUE COPY OF NOTICE KFC/KKD/RFC/60435910, 11,12,13/04-11-2021 DATED 30.10.2021.