IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35687 of 2009(E)
1. MINI.T.G., AGED 42, RESIDING AT
... Petitioner
Vs
1. THE KERALA STATE FINANCIAL ENTERPRISES
... Respondent
2. THE BRANCH MANAGER,
3. THE SPECIAL DEPUTY TAHSILDAR (RR),
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent :SRI.T.NAVEEN, SC, K.S.F.E. LTD.
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :15/12/2009
O R D E R
C.K. ABDUL REHIM, J.
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W.P.(C)No. 35687 of 2009
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Dated this the 15th day of December, 2009
J U D G M E N T
1. Challenge is against recovery steps initiated
pursuant to Ext.P6 notice for realisation of amounts due to
the respondents 1 & 2 towards repayment a loan availed by
the petitioner for construction of a residential building. On
an earlier occasion the petitioner had approached this court
aggrieved by recovery notices issued. This court had shown
indulgence in permitting the petitioner to pay off the
arrears in easy terms. However, after effecting some
payments, the petitioner again defaulted. As per Ext.P6
notice, sale of immovable property is proposed for realising
a total amount of Rs.2,53,407/-. It is contended by the
petitioner that the amount shown in Ext.P6 notice is not
correct and it is highly exorbitant. It is further submitted
that the property which is proposed to be sold is the
residential building wherein the petitioner is residing along
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with her children, she being deserted by her husband.
Under the above circumstances the petitioner is confining
her prayer to the limited extent of permitting payment of
the balance amount within a reasonable time, in
installments and also seeks direction to the respondents to
consider waiver of interest/penal interest and expenses to
the possible extent .
2. Considering the facts and circumstances of the
case, I am of the opinion that eventhough no interference on
merits is possible, some indulgence can be shown
considering the special circumstances prevailing in this
case, to permit the petitioner to pay off the liability within a
reasonable period.
3. Accordingly the petitioner is directed to make
payment of an amount of Rs.50,000/- (Rupees Fifty
Thousand only) on or before 15.01.2010. The respondents
are directed to keep in abeyance further coercive steps
pursuant to Ext.P6 notice, including confirmation of sale if
any taken place, till such time. If amount as directed above
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is paid, the respondents shall consider waiver of
interest/penal interest and expenses to the possible extent
and shall intimate the petitioner about the net balance
payable. The petitioner shall continue payment of the
balance amount so intimated in (4) four equal monthly
installments thereafter, falling due on or before 15.02.2010
and on or before the 15th day of the succeeding months.
4. It is made clear that on the event of failure in
payment of any of the installments as stipulated as above,
the respondents will be free to proceed with further steps
pursuant to the notices already issued, and on any such
event the petitioner will be precluded from raising any
subsequent challenge against such proceedings either
before this court or before any other forum.
C.K. ABDUL REHIM
JUDGE
shg/