Kanish Kumar vs The Authorized Officer
2021 Latest Caselaw 4638 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.3289 OF 2021(I)


PETITIONERS:

      1        KANISH KUMAR
               AGED 44 YEARS
               S/O. BALAN, KADAKKAL THEKKEYTHIL, PIRALASSERY MURI,
               MULAKKUZHA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

      2        SANTHAMMA
               AGED 71 YEARS
               W/O. BALAN, KADAKKAL THEKKEYTHIL, PIRALASSERY MURI,
               MULAKKUZHA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

               BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS:

      1        THE AUTHORIZED OFFICER, HDFC
               HDFC HOUSE, P O BOX NO.2288, VAZHUTHACAD,
               THIRUVANANTHAPURAM - 695 010.

      2        THE BRANCH MANAGER, HDFC
               CHENGANNUR BRANCH, ALAPPUZHA DISTRICT, PIN - 689 121.




               SC FOR BANK --SMT AMBILY S .

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3289 OF 2021(I)

                                      2




                               JUDGMENT

Dated this the 9th day of February 2021

Heard both sides.

2. The learned counsel for the petitioner submits that the

petitioner wants to repay the overdue amount of loan in

installments. Learned counsel for the respondents opposed this

request by contending that the petitioner has defaulted 36

installments, though he was an employee of the State Government.

3. Learned counsel for the respondent submits that the

secured creditor would not continue with the SARFAESI action, if

the entire overdue amount of Rs.3,44,323/- is cleared in four

monthly installments.

4. Considering the submissions so advanced and keeping in

mind the fact that the loan was for housing and its term expires in

the year 2028, the petition is disposed of with the following

directions.

5. The petitioner to repay the entire overdue amount of

Rs.3,44,323/- in four equated monthly installments commencing

from 26.02.2021 apart from regular payment of EMIs. If these WP(C).No.3289 OF 2021(I)

conditions are fulfilled by the petitioner, then the respondent shall

keep in abeyance further coercive steps. In case of single default by

the petitioner, the respondents are free to continue with the

coercive action for recovery of loan. No further extension of time

shall be granted to the petitioner for complying with this order.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.3289 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 30.01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN DURING 2017-18.