Kerala High Court
Ibrahim Khader vs Housing Development Finance ... on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
WP(C) NO. 27685 OF 2021
PETITIONERS:
1 IBRAHIM KHADER
S/O.KHADER, AGED 59 YEARS, "OBERLEY HOUSE",
NEAR TELEPHONE EXCHANGE, KUMBALA.P.O,
KASARAGOD DISTRICT-671321.
2 P.K.YASMIN,
W/O KHADER, AGED 51 YEARS
"OBRELEY HOUSE", NEAR TELEPHONE EXCHANGE, KUMBALA.P.O,
KASARAGOD DISTRICT-671321.
BY ADV P.K.SUBHASH
RESPONDENTS:
1 HOUSING DEVELOPMENT FINANCE CORPORATION LTD
H.D.F.C.HOUSE, M.G.ROAD,
COCHIN-682015, REPRESENTED BY ITS AUTHORIZED OFFICER.
2 THE MANAGER,
HDFC BANK, GOLDEN ARCADE, KOTTACHERY, KANHANGAD-671315.
SRI.K.K.CHANDRAN PILLAI, SR.
SRI.BINNY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27685 OF 2021
2
BECHU KURIAN THOMAS, J
=======================
W.P.(C) No. 27685 of 2021
........................................
Dated this the 4th day of December, 2021
JUDGMENT
Petitioners as borrowers from the respondent-Bank, have
committed default in repayment. Consequently, proceedings
have been initiated by the Bank for recovery of the amounts
due. Notwithstanding the judgment in W.P.(C) 30793/2019
dated 20.01.2020, petitioners have approached this Court
seeking repayment of the total arrears of Rs.10,15,314/- in
instalments.
2. Sri.K.K.Chandran Pillai, learned Senior counsel for the
respondents, duly instructed by Adv.Ambily, upon instructions,
submitted that having regard to the circumstances of the case,
respondents are willing to accept repayment in limited
instalment method.
3. In view of the submissions as afore, the writ petition is
disposed of with the following directions :
(i) Petitioners are directed to clear the total arrears of
WP(C) NO. 27685 OF 2021
Rs.10,15,314/- in 'four' equated monthly instalments, the
first of which shall commence on or before 31.12.2021.
(ii) In the event of default of any one instalment, the
respondent-Bank shall be entitled to proceed in
accordance with law.
(iii) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings against the petitioners
shall be kept in abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/06/12/2021
WP(C) NO. 27685 OF 2021
APPENDIX OF WP(C) 27685/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 20.01.2020 IN
W.P(C) 30793/2019
Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING THE
PAYMENTS EFFECTED BY THE PETITIONERS ON
05.02.2021
Exhibit P3 TRUE COPY OF THE STATEMENT SHOWING THE
PAYMENTS EFFECTED BY THE PETITIONERS ON
05.09.2020
Exhibit P4 TRUE COPY OF THE STATEMENT SHOWING THE
PAYMENTS EFFECTED BY THE PETITIONERS ON
09.10.2020
RESPONDENTS EXHIBITS NIL
TRUE COPY
