Aneesh Chandrasekharan vs Piramal Capital And Housing Finance

Kerala High Court

Aneesh Chandrasekharan vs Piramal Capital And Housing Finance on 11 April, 2024

Author: C.S.Dias

Bench: C.S.Dias

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
         Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946

                  IA.NO.1/2024 IN WP(C) NO. 25993 OF 2023

APPLICANT/PETITIONER:

     ANEESH CHANDRASEKHARAN, AGED 39 YEARS, S/O. CHANDRASEKHARAN, TC
     30/109, VALIYAVILAKATH VEEDU, PETTAH, THIRUVANANTHAPURAM,
     PIN-695028.

RESPONDENTS/RESPONDENTS:

  1. PIRAMAL CAPITAL AND HOUSING FINANCE, (DEWAN HOUSING FINANCE
     LIMITED), 6TH FLOOR, AMITI BUILDING, AGASTHYA CORPORATE PARK, KAMANI
     JUNCTION, OPPOSITE FIRE STATION, LBS MARG, KURLA(WEST), MUMBAI,
     PIN-400070.
  2. THE AUTHORISED OFFICER, PIRAMAL CAPITAL AND HOUSING FINANCE (DEWAN
     HOUSING FINANCE LIMITED), UPPER GROUND, TWINKLE PLAZA, PANAVILA
     JUNCTION, TRIVANDRUM, PIN-695014.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time for
clearing the over dues by 3 more months.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's Final Order
dated 08/08/2023 and upon hearing the arguments of SRI. V.R. REKESH,
Advocate for the petitioner and of SRI. P. PAULOCHAN ANTONY, Advocate for
R1, the court passed the following:
 WP(C) No.25993 of 2023
                                 1


                           C.S.DIAS,J
             -------------------------------------------
                  WP(C) No.25993 of 2023
             -------------------------------------------
           Dated this the 11th day of April, 2024

                           ORDER

IA.No.1/2024

The application is filed to extend the time period fixed by this Court in the judgment dated 08.08.2023, directing the petitioner to pay the overdue amount with future interest and cost to the 1st respondent Company in 12 equated monthly installments commencing from 08.09.2023.

2. The petitioner has stated in the affidavit filed in support of the application that, although this Court has directed the petitioner to remit the overdue amount in 12 equated monthly installments commencing from 08.09.2023, the petitioner was unable to remit the amount since he is jobless. The petitioner is making an effort to find a suitable purchaser to purchase the secured asset. Hence, the time period fixed by this Court may be enlarged by a further period of three months.

WP(C) No.25993 of 2023

3. The respondents have filed a counter affidavit opposing the application. They have, inter-alia, contended that the petitioner has only paid an amount of Rs.85,000/- as on 31.12.2023. This Court has categorically observed in the judgment that no further extension would be granted. There is no bonafide in the application. Hence, the application may be dismissed.

4. On a consideration of the pleadings and materials on record, I do not find any genuine reason stated by the petitioner to enlarge the time period fixed by this Court in the judgment dated 08.08.2023.

Resultantly, the application is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law.

sd/-

rkc/11.04.2024                          C.S.DIAS, JUDGE