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Ruby Rinesh

High Court Of Kerala|05 November, 2014
|

JUDGMENT / ORDER

~~~~~~~~~~~ The petitioner is stated as aggrieved of the non consideration of Ext.P2 application preferred before the 2nd respondent for extending benefit under the Amnesty Scheme so as to enable the petitioner to wipe off the liability under various chits (Chit Nos. 8/10/24, 3/11/A and 8/10/26) subscribed by her, her husband and her brother in law. It is pointed out that liabiity is there, also by virtue of financial assistance availed as per New Chity Loan (NCL). 2. The learned standing counsel appearing for the KSFE submits on instructions that scheme is available in respect of the liability towards the chits which have become overdue as on 30.11.2011. It is also pointed out that there is no such facility in respect of New Chity Loan.
3. In the above circumstance, there will be a direction to the 2nd respondent to consider and pass appropriate orders W.P.(C) No.27751/2014 2 on Ext.P2 and the outcome shall be let known to the petitioner, at the earliest, at any rate, within one month from today, intimating the amount to be cleared by the petitioner who desires to close the above three chit transactions once and for all under the OTS scheme. It will be for the petitioner to clear the due amount within the time to be communicated by the 2nd respondent.
4. With regard to the liability under the NCL, this Court finds that no such facility is available as on the date and, as such, the petitioner is set at liberty to satisfy the liability, by way of three equal monthly instalments; the first of which shall be effected on or before the 30th November, 2014, followed by similar instalments to be effected on or before the 30th of succeeding months. Subject to this, the coercive proceedings, if any, shall be kept in abeyance for the time being. If any default is committed with regard to the satisfaction of the liability as aforesaid, it will be open for the respondents to proceed against the petitioner for realisation of the entire amount in a lump, from the stage where it stands now. The petitioner shall produce a W.P.(C) No.27751/2014 3 copy of the judgment along with a copy of the Writ Petition before the concerned respondent for further steps.
Writ Petition is disposed of as above.
Sd/- P.R.RAMACHANDRAMENON, JUDGE.
ps/6/11/2014 //True copy// PA to Judge
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Title

Ruby Rinesh

Court

High Court Of Kerala

JudgmentDate
05 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri
  • M C John