Santhakumari K vs Authorised Officer

Kerala High Court

Santhakumari K vs Authorised Officer on 7 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE JOHNSON JOHN
     TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                      WP(C) NO. 16902 OF 2024
PETITIONERS:

     1       SANTHAKUMARI K
             AGED 60 YEARS, KOTTAKATTUTHARA
             PADEETTATHIL, NR EALP SCHOOL,
             MUNDAPPALLY, ERICKAVU, KUMARAPURAM,
             ALLEPPEY KERALA, PIN - 690516
     2       VISHNU P S
             AGED 30 YEARS, KOTTAKKATTUTHARA
             PADEETTATHIL, NR EALP SCHOOL
             MUNDAPPALLY, ERICKAVU, KUMARAPURAM,
             ALLEPPEY, KERALA, PIN - 690516
             BY ADV.
             SRI.SAJU N.A.

RESPONDENTS:

     1       AUTHORISED OFFICER
             MANAPURAM HOME FINANCE PRIVATE LIMITED
             ATTINGAL BRANCH, XI/1419 AND 1420
             KNS BUILDING, PALACE ROAD, NEAR
             PVT BUS STAND ATTINGAL, PIN - 695101
     2       MANPURAM HOME FINANCE PRIVATE LIMITED
             ATTINGAL BRANCH, XI/1419 AND 1420
             KNS BUILDING, PALACE ROAD, NEAR PVT
             BUS STAND ATTINGAL, PIN - 695101
             REPRESENTED BY BRANCH MANAGER.
             BY ADVS.
             C.HARIKUMAR
             SANDRA SUNNY(K/926/2020)
             ARUN KUMAR M.A(K/1197/2021)
             VIMAL DEV P.V.(K/1686/2021)
             FARAH JYOTHI PRADEEP(K/1240/2023)
             RAJU M.C.(K/6/2024)
             ANTO VINU YESUDASAN(K/000110/2024)
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.16902 of 2024
                                   :2:


                         JOHNSON JOHN, J.
                 =========================
                      W.P.(C) No.16902 of 2024
                ==========================
                  Dated this the 7th day of May, 2024

                              JUDGMENT

The learned counsel for the petitioners submitted that the petitioners are willing to pay the entire balance amount in the loan account in 12 equal monthly instalments starting from 31.05.2024. Both sides conceded that the total outstanding amount in the loan account as on 03.05.2024 is Rs.8,20,240/- (Rupees Eight Lakh Twenty Thousand Two Hundred and Forty only).

2. The learned Standing Counsel for the respondents has no objection in allowing the petition as above.

Therefore, the petitioners are permitted to pay the entire balance amount in the loan account in 12 equal monthly instalments starting from 31.05.2024. If the petitioners commit default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioners in accordance with law.

This writ petition is disposed of as above.

Sd/-

JOHNSON JOHN JUDGE anm W.P.(C) No.16902 of 2024 :3: APPENDIX OF WP(C) 16902/2024 PETITIONERS' EXHIBITS Exhibit.P1 TRUE COPY OF DEMAND NOTICE DATED 23/10/2023 Exhibit.P2 TRUE COPY OF NOTICE DATED 19/4/2024 ISSUED BY ADVOCATE COMMISSIONER Exhibit.P3 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES ISSUED BY THE NATIONAL HOUSING BANK ESTABLISHED UNDER NATIONAL HOUSING BANK ACT 1987 AND THE RESERVE BANK OF INDIA. DOWNLOADED FROM THE WEB SITE OF RESPONDENT Exhibit.P4 TRUE COPY OF RBI MASTER CIRCULAR RESPONDENTS EXHIBITS : NIL.