K.Mohanan vs Dewan Housing Finance ...
2021 Latest Caselaw 17137 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                       WP(C) NO. 16402 OF 2021
PETITIONER:

          K.MOHANAN
          AGED 70 YEARS
          S/O. NANU, KUMMUMMAL HOUSE, BYEPASS ROAD, VADAKARA
          POST, VADAKARA, KOZHIKODE DISTRICT

          BY ADV P.M.HABEEB



RESPONDENTS:

    1     DEWAN HOUSING FINANCE CORPORATION LTD.,
          NATIONAL OFFICE AT HDIL TOWER, 6TH FLOOR, STATION ROAD,
          A.K.MARG, BANDRA (EST0 MUMBAI-400051,REPRESENTED BY ITS
          MANAGER

    2     DEWAN HOUSING FIANANCE CORPORATION LTD.,
          REGIONAL OFFICE AT 1ST FLOOR, KMM BUILDING, NEAR HOTEL
          RENAISSANCE, PALARIVATTOM , COCHIN-682 025,REPRESENTED
          BY ITS AUTHORIZED OFFICER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16402 OF 2021
                                        2



                                 JUDGMENT

When this matter was called today, the learned Standing Counsel

for the respondent - Financial Institution, submitted that they have not

received any bids in response to Ext.P1. He added that, therefore, if

the petitioner requires any option for settlement or to pay the amounts

in installments, they are at liberty to approach the respondent -

Financial Institution, with an appropriate representation.

Recording the afore submissions, I order this writ petition,

directing the petitioner to approach the respondent with an

appropriate representation, either seeking One Time Settlement of the

loan account or seeking installments; and if this is done within a period

of two weeks from the date of receipt of a copy of this judgment, the

same shall be considered by the competent Authority of the

respondent - Financial Institution and their decision communicated to

the petitioner without any avoidable delay.

Needless to say, until such time as the afore exercise is

completed, all further action against the property in question shall

stand deferred and will be taken froward only after the order resultant

to these directions are communicated to the petitioner.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 16402 OF 2021

APPENDIX OF WP(C) 16402/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE 13(2) NOTICE DATED 23.4.20216

Exhibit P2 TRUE PHOTOCOPY OF THE POSSESSION NOTICE DATED 30.10.2019 ISSUED BY THE RESPONDENTS

Exhibit P3 TRUE PHOTOCOPY OF THE LETTER DATED 14.01.2016 BY THE PETITIONERS SON

Exhibit P4 TRUE PHOTOCOPY OF THE SALE NOTICE DATED 06.07.2021