Courts can grant extended repayment terms in extraordinary circumstances, such as the economic impact of a pandemic, to ensure fairness in financial obligations.

J U D G M E N T

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Dated this the 22nd day of March, 2021 The petitioner has filed this writ petition seeking to permit the petitioner to remit the entire outstanding dues to the respondent-Kerala State Financial Enterprises Limited, by 10 monthly instalments commencing from 30.04.2021 and to direct the respondent to consider and dispose of Ext.P4 representation with notice to him.

2. The petitioner is the Managing Partner of M/s.Higness Investments and Financiers, which has subscribed 141 chits from various Branches of the respondent. The total sum of chits subscribed by the `

petitioner would be 39,60,00,000/-. The petitioner has been remitting the monthly instalments with due diligence till February, 2020. The outbreak of Covid-19 pandemic forced the petitioner to default in repayment.

3. The petitioner earlier approached this Court and pursuant to the directions of this Court, Ext.P2 order was passed by the respondent directing the petitioner to remit 25% of the outstanding dues, as on 20.01.2021, within 20.02.2021, and the balance amount in six monthly instalments. By Ext.P4 representation, the petitioner requested the respondent to provide the facility of 10 monthly instalments commencing from 30.04.2021 to settle the outstanding dues. The petitioner would state that the petitioner has remitted an amount of `

20,66,627.39 towards arrears.

4. The learned Standing Counsel for the respondent submitted that the petitioner owes a huge amount to the respondent and has committed default for a considerably long period. However, in view of the fact that the petitioner has `

remitted 20,66,627.39 on 12.03.2021, a very short breathing time can be granted to the petitioner for repayment.

5. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

6. The petitioner appears to be a customer of the respondent with 141 Chits. The default in repayment seems to be a result of Covid-19 pandemic. The petitioner has shown his bonafides by remitting more than ` 20 lakhs to clear the arrears, in March 2021. In the circumstances, this Court is of the view that time can be granted to the petitioner on conditions.

The writ petition is accordingly disposed of directing the petitioner to remit the outstanding amount to the respondent in 10 equal monthly instalments commencing from 15.04.2021. If the petitioner commits default in repayment of two consecutive instalments, the respondent will be at liberty to proceed against the petitioner in accordance with law.

Sd/-

N. NAGARESH, JUDGE aks/24.03.2021 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 07.08.2020 IN WPC NO.16139/2020.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED

27.01.2021 ISSUED BY THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF RECEIPT DATED 12.03.2021 ISSUED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED

13.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

SR