IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 9329 of 2006(I) ------------------------- PETITIONER(S): --------------- P.M. BHASKARAN, S/O. MAKKU, PONGANAMOOLA HOUSE, PEECHI VILLAGE, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., MANNUTHI BRANCH REPRESENTED BY THE MANAGER, MANNUTHI BRANCH, THRISSUR. 2. SPECIAL DEPUTY TAHASILDAR, (RR) OFFICE OF THE SPECIAL DEPUTY TAHASILDAR, K.S.F.E. LTD., P.B.NO.510, CHEMBUKAVU, THRISSUR. R1 BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. R2 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CHIT PASSBOOK EXT.P2 TRUE COPY OF THE HOME LOAN PASSBOOK EXT.P3 TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT MADE ON THE LOAN ACCOUNTS EXT.P4 TRUE COPY OF THE SALE NOTICE DATED 21.1.2006 EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE RECEIPT DATED 31.3.2006 EXT.P7 TRUE COPY OF THE RECEIPT DATED 12.5.2006 EXT.P8 TRUE COPY OF THE RECEIPT OF PAYMENT DATED 29.11.2006 WITH THE ENDORSEMENT 'A/C. CLOSED' EXT.P9TRUE COPY OF THE RECEIPT DATED 23.1.2007 EXT.P10 TRUE COPY OF THE SALE NOTICE DATED 12.12.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9329 OF 2006 -------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT Heard counsel for the petitioner and standing counsel appearing for the KSFE. Out of two loan accounts petitioner has closed one and the same is conceded by counsel for KSFE. So far as the next loan is concerned, petitioner apprehends that the amount demanded is not payable by him. There will be direction to KSFE to give a detailed break-up of loan account showing credits given for payments and periodical debits under various heads including interest and other charges. It will be open to the petitioner to point out mistake if any in the statement of accounts, and if any such mistake is pointed, that will be corrected by the KSFE and only actual amount should be recovered from the petitioner. Statement of accounts should be furnished to the petitioner within one week from the date of production of a copy of this judgment and petitioner should be given reasonable time to settle the liability. It is open to the petitioner to avail OTS benefit available with KSFE and in any case petitioner should be given reasonable time to 2 settle liability if petitioner gives any concrete proposal for payment. However, if default continues, recovery can be continued against the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3