Kerala High Court
A.Radhakrishnan vs The Kerala State Financial Enterprises ... on 14 March, 2016
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY,THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
WP(C).No. 8681 of 2016 (I)
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PETITIONER:
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A.RADHAKRISHNAN,
S/O.ARAVINDAKSHAN, ANTHOOR HOUSE,
NEMMARA, PALAKKAD.
BY ADV. SRI.A.N.SATHISH KUMAR
RESPONDENTS:
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1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
REG.OFFICE, BHADRATHA, MUSEUM ROAD,
THRISSUR- 680 020,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE SPECIAL DEPUTY TAHSILDAR (RR),
OFFICE OF THE SPECIAL DEPUTY TAHSILDAR,
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
PALAKKAD BRANCH, PB NO. 46, OPP. AROMA THEATRE,
PALAKKAD- 678 001
3. THE BRANCH MANAGER,
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
THRISSUR V S.T. NAGAR BRANCH, THRISSUR- 680 020
4. M.S RAHUL, S/O.SOMAN M.M, LATHA NIVAS,
P.O.PARIYARAM, KODAM, KOTTAYAM- 686 001
R1 TO R3 BY ADV. SRI.ALEXANDER.C.V., SC
SRI.JIMMY GEORGE THADATHIL, SC, KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 8681 of 2016 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.113/2011-B ISSUED
TO THE 4TH RESPONDENT
P2:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.122/2011 ISSUED
TO THE 4TH RESPONDENT
P3:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.21/2012-B ISSUED
TO THE 4TH RESPONDENT
P4:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.35/2009-A ISSUED
TO THE 4TH RESPONDENT
P5:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.132/2011-A ISSUED
TO THE 4TH RESPONDENT
P6:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.113/2011-A ISSUED
TO THE 4TH RESPONDENT
P7:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.21/2012-A ISSUED
TO THE 4TH RESPONDENT
P8:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.90/2011-A ISSUED
TO THE 4TH RESPONDENT
P9:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.34/2012-A ISSUED
TO THE 4TH RESPONDENT
P10:- TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK NO.105/2011-A ISSUED
TO THE 4TH RESPONDENT
P11:- TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT
P12:- TRUE COPY OF THE NOTICE DTD 21/11/2015 ISSUED BY THE 2ND
RESPONDENT
P13:- TRUE COPY OF THE INVESTIGATION REPORT ISSUED BY VITA SCANS
CENTRE, COIMBATORE
P14:- TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY KG HOSPITAL,
COMBATORE
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
sts P.A.TO JUDGE
K. VINOD CHANDRAN, J
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W.P(C) No.8681 of 2016
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Dated this the 14th day of March, 2016
J U D G M E N T
The petitioner, a surety to a chitty, availed of by the 4th respondent from the 1st respondent is before this Court challenging the recovery proceedings initiated against his property. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms, reserving the liberty of the guarantor to proceed against the Original defaulter.
(i) The petitioner shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall quantify the amounts due from the petitioner and inform the petitioner in writing the amounts due as on 31.03.2016.
WPC.8681/2016 : 2 :
(iii) The 1st respondent shall grant twelve monthly instalments for the payment of the arrears, starting from 14.04.2016.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 12th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 31.03.2016 which shall be satisfied by the petitioner on the 14th of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge