Anilkumar M vs Repco Home Finance Limited
2021 Latest Caselaw 3989 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.2676 OF 2021(H)


PETITIONER:

               ANILKUMAR M.
               AGED 48 YEARS
               S/O. MADHAVAN NAIR, ANIL VIHAR, TC 54/1747,
               VADAKKETHUMARIMUTTOM, PAPPANAMCODE P.O., TRIVANDRUM-
               695 018.

               BY ADV. SRI.I.SREEHARI

RESPONDENTS:

      1        REPCO HOME FINANCE LIMITED
               REPRESENTED BY ITS AUTHORIZED OFFICER, REMA PLAZA, T
               C 21/1655 (6), IST FLOOR, SS KOVIL ROAD, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001.

      2        THE BRANCH MANAGER
               REPCO HOME FINANCE LIMITED, REMA PLAZA, TC
               21/1655(6), IST FLOOR, SS KOVIL ROAD, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2676 OF 2021(H)

                                     2

                              JUDGMENT

Dated this the 3rd day of February 2021

By this petition, the petitioner has prayed for allowing him remit

the overdue amount of loan in twenty equated monthly installments

apart from regular payment of EMIs.

2. Heard the learned counsel for the petitioner. He submits

that the petitioner wants to clear the entire overdue amount apart

from payment of regular EMIs. As against this, the learned counsel for

the respondents submits that as of date, overdue amount is more than

Rs.5,00,000/- and if the petitioner makes an appropriate application to

the respondents for regularization of loan, the respondents shall

consider the same and till then, the respondents are willing to keep

the coercive action in abeyance. The learned counsel for the petitioner

submits that the petition be disposed of with the liberty to the

petitioner to make necessary representation for regularization of loan

and till then, as stated by the respondents, coercive action may be

kept in abeyance.

3. In this fact circumstances, the petition is disposed of with

the following directions.

4. The petitioner to make necessary representation for

regularizing the loan account within a period of one week from today WP(C).No.2676 OF 2021(H)

to respondent No. 2. The respondents shall thereupon take decision on

the said representation according to law and communicate the same

to the petitioner. The statement of the learned counsel for the

respondent is that, the respondent shall defer the coercive action is

accepted and recorded. Respondents shall not take coercive action

against the petitioner for a period of ten days after communication of

decision on his representation, if the said decision goes against the

petitioner. An authenticated copy of this order be supplied to the

parties.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.2676 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST RESPONDENT DATED 6.11.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER IN MC 526/2020 DATED 15.9.2020.

EXHIBIT P3 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 11.1.2021.