IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
IA.NO.1/2022 IN WP(C) NO. 29804 OF 2021(A)
PETITIONER/PETITIONER:
BAIJU K.P., AGED 48 YEARS, S/O.LATE KOCHU NARAYANAN NAIR R., GHSS,
KAMBALLUR GHS SCHOOL, KAMBALLUR P.O., KASARAGOD - 671 326. RESIDING
AT PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.
RESPONDENTS/RESPONDENTS:
1. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION
LIMITED, HDFC HOUSE, M.G.ROAD, KOCHI - 682 015.
2. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, KANNUR BRANCH,
HIGHWAY ARCADE, THANA, KANNUR - 670 002, REPRESENTED BY ITS BRANCH
MANAGER.
3. PREEJAKUMARI P. W/O.BAIJU K.P., PADMALAYAM, KAMBALLUR P.O.,
KASARAGOD - 670 511.
4. BINDHU K.P. D/O.LATE KOCHU NARAYANAN NAIR R., C/O.BAIJU K.P.,
PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.
5. PADMINI AMMA W/O.LATE KOCHU NARAYANAN NAIR R., C/O.BAIJU
K.P.,PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents 1 and 2 to treat the payment of Rs.6,00,000/- on 11-05-2022 as
compliance of the directions contained in the Judgment dated 04-01-2022
and permit the petitioner to make further payments as directed in the
Judgment dated 04-01-2022 in the interest of justice.
This Application coming on for admission upon perusing the
application and the affidavit filed in support thereof, and this court's
Judgment dated 04.01.2022 and upon hearing the arguments of
M/S.T.K.VIPINDAS & K.V.SREE VINAYAKAN, Advocates for the petitioner in
IA/WP(C) and of SRI.K.K.CHANDRAN PILLAI (SENIOR ADVOCATE), along with M/S.
S.AMBILY & MICKY THOMAS, Advocates for the respondents in IA/WPC, the
court passed the following:
BECHU KURIAN THOMAS, J.
-----------------------------------------
I.A.No. 1 of 2022
in
W.P.(C) NO. 29804 of 2021
----------------------------------------
Dated this the 23rd day of June, 2022
ORDER
This is an application seeking a direction to respondents 1 and 2 to treat the payment of Rs.6,00,000/- paid on 11-05-2022 as compliance of the directions contained in the judgment dated 04-01-2022 and permit the petitioner to make further payments as directed in the judgment.
2. The learned Senior Counsel appearing for respondents upon instructions submitted that an amount of Rs.6,00,000/-was paid by one Sri.Sunil Kumar on 11-05-2022, into the bank's account having No.00200350000126. According to the respondents the said amount was paid with the oral instructions to credit the same into the property purchase loan availed by the petitioner and the Bank acted in accordance with the said instructions. It was pointed out that balance amount is liable to be paid forthwith, failing which the respondents will be compelled to proceed in accordance with law.
3. Sri.T.K.Vipindas submitted that if the amount was credited into the accounts where the outstanding amounts were due as W.P.(C) NO. 29804 of 2021 2 specified in conditions No.(iii) of the judgment dated 04.01.2022, it would have benefited him.
4. Though clearing the outstanding amount was the initial step directed in the judgment, and that would have been the ideal situation, the payment on 11-05-2022 was made by another person and not the petitioner, though to clear the petitioner's liability. In the absence of any contra evidence, the appropriation of the said payment towards the overdue amounts by the Bank cannot be interfered with despite such appropriation being not fully in consonance to condition No.(iii) of the judgment.
5. Be that as it may, taking note of the submission of counsel for the petitioner as well as the respondents, I deem it fit to extend the time for payment of the defaulted amount till 30.06.2022 along with the regular instalment payments, to avail the benefit of the remaining instalments as stipulated in the judgment.
6. It is clarified that if the petitioner defaults in paying the amounts within the time mentioned in this order respondent shall be free to proceed in accordance with law.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM 23/6/22 23-06-2022 /True Copy/ Assistant Registrar