Bobby George Cherian vs Housing Development Finance ...
2021 Latest Caselaw 4856 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                      WP(C).No.1647 OF 2021(E)


PETITIONER:

              BOBBY GEORGE CHERIAN
              AGED 61 YEARS
              S/O. A.V. CHERIAN, ARTHUNGAL HOUSE, THRIKKALATHOOR
              P.O, KEEZHILLAM, ERNAKULAM DISTRICT, PIN CODE-683 541

              BY ADVS.
              SRI.VISHAK.K.JOHNSON
              SRI.S.S.ARAVIND
              SRI.S.NITHIN (ANCHAL)

RESPONDENT:

              HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
              REPRESENTED BY ITS AUTHORISED OFFICER, HDFC HOUSE,
              POST BAG NO. 1667 RAVIPURAM JUNCTION, MAHATMA GANDHI
              ROAD, ERNAKULAM DISTRICT, KERALA-682 015

              R1 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)
              R1 BY ADV. SMT.S.AMBILY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1647 OF 2021(E)

                                         2

                                   JUDGMENT

Dated this the 10th day of February 2021

Heard both sides.

2. The petitioner has taken two housing loans and the overdue

amount of these two loans is reported to be about 9.50 lakhs. The

petitioner desires to clear the outstanding amount by the end of March

2021 and he is not challenging any action taken by the secured creditor

under the SARFAESI Act. The learned counsel for the respondent submits

that if the petitioner clears the entire overdue amount by the end of March

2021, the respondent shall not continue with the coercive action under the

SARFAESI Act. The learned counsel for the petitioner has no objection in

adopting this course of action suggested by the learned counsel for the

respondent. Hence the petition is disposed of with the following direction.

3. The petitioner to clear the entire overdue amount of loans by the

end of March 2021 apart from regular payment of EMIs. If the petitioner

abides by this direction, the respondent shall keep the coercive action under

the SARFAESI Act under abeyance.

4. Needless to mention, a single default on the part of the petition-

er shall entail the respondent to continue with the coercive action for recov-

ery of loan.

Sd/-

Nsd                                                  A.M.BADAR
//true copy//
PA to Judge
                                                       JUDGE