Cherian Saji Cherian vs Housing Development Finance ...
2021 Latest Caselaw 5755 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.3902 OF 2021(K)


PETITIONERS:

      1        CHERIAN SAJI CHERIAN
               AGED 53 YEARS
               S/O. P.C. CHERIAN, BATHEL HOUSE, INDIGO HILLS
               MULLASSERY, KARAKULAM P.O, NEDUMANGAD,
               THIRUVANANTHAPURAM-695 564

      2        SHILICE SHAJI,
               AGED 48 YEARS
               W/O. CHERIAN SAJI CHERIAN, BATHEL HOUSE, INDIGO
               HILLS, MULLASSERY, KARAKULAM P.O, NEDUMANGAD,
               THIRUVANANTHAPURAM-695 564

               BY ADVS.
               SRI.E.S.ASHRAF
               SMT.K.S.KARUNAMOL

RESPONDENTS:

      1        HOUSING DEVELOPMENT FINANCE CORPORATION LTD.
               HDFC HOUSE, VAZHUTHAKAD, POST BOX NO. 2288,
               THIRUVANANTHAPURAM-695 001.

      2        AUTHORISED OFFICER,
               M/S. HDFC LTD, HDFC HOUSE, VAZHUTHAKAD, POST BOX NO.
               2288, THIRUVANANTHAPURAM-695 001.

      3        SMT. NAZIA SHARAF,
               ADVOCATE COMMISSIONER IN MC 698/2019 PENDING BEFORE
               THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT,
               VANCHIYOOR, THIRUVANANTHAPURAM, PIN-695 010




               SC- SRI.K.K.CHANDRAN PILLAI (SR), SMT.S.AMBILY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3902 OF 2021(K)

                                    2

                              JUDGMENT

Dated this the 17th day of February 2021

Heard both sides.

2. The learned counsel for the petitioners submits that the

petitioners shall pay an amount of Rs.3,00,000/- within a period of

one week from today and they shall further pay an amount of

Rs.5,00,000/- by the end of March, 2021. It is further submitted by

the learned counsel for the petitioners that rest of the amount due and

payable to the respondent financial corporation towards outstanding

loan and other dues shall be paid in three equated monthly

installments so as to clear off the entire dues by the end of June,

2021.

3. The learned counsel for the respondent on instructions

submits that though, the petitioners are defaulters, if they adheres to

the schedule of payment as stated by their learned counsel, the

respondent Corporation shall keep the pending SARFAESI Action in

abeyance.

4. In the light of these facts, this petition is disposed of with

the following directions.

5. The petitioner to pay an amount of Rs.3,00,000/- within a

period of one week from today and they shall further pay to the WP(C).No.3902 OF 2021(K)

respondent, an amount of Rs.5,00,000/- by the end of March 2021

towards discharge of their liability of loan and other charges. The

balance amount due and payable by the petitioners to the respondents

towards loan and other charges shall be paid by the petitioners in

three equated monthly installments commencing from 12.04.2021 so

as to clear off the entire amount of loan and other charges by the end

of time of third installment.

If the petitioner complies with these directions, the respondents

shall keep the pending action under the SARFAESI in abeyance. A

single default in compliance with this order shall entail the respondent

to continue with the coercive action under the SARFAESI Act. No

further extension of time for any reason shall be granted in future in

the light of judgment at Ext.P2.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.3902 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF NOTICE DATED 23.01.2021 ISSUED BY THE 3RD RESPONDENT, ADVOCATE COMMISSIONER.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.01.2020 IN W.P.C NO. 29548/2019