Puthiya Kovilakam Premravivarma vs Bajaj Finance Ltd
2021 Latest Caselaw 5941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.3886 OF 2021(I)


PETITIONER:

               PUTHIYA KOVILAKAM PREMRAVIVARMA,
               AGED 45 YEARS,
               S/O. LATE RAVI VARMA, FLAT NO. 1A,
               MARI GOLD APARTMENTS, PIPE LINE JUNCTION, VAZHAKKALA,
               THRIKKAKARA, KOCHI-682 021.

               BY ADVS.
               SMT.V.J.RUBY
               SMT.V.K.REEBA

RESPONDENTS:

      1        BAJAJ FINANCE LTD.,
               HAVING ITS CORPORATE OFFICE AT 4TH FLOOR,
               SY. NO.208-1/B, BEHIND WEIKFIELD IT PARK,
               VIMAN NAGAR, PUNE 411014,
               REP. BY ITS MANAGER.

      2        MANAGER,
               BAJAJ FINANCE LTD., KERALA ZONE,
               HAVING ITS CORPORATE OFFICE AT RAVIPURAM,
               KOCHI, KERALA.

               BY ADV. SRI.PRATHEESH CHACKO, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3886 OF 2021(I)

                                      2

                                   JUDGMENT

The complaint of the petitioner is

that the 1st respondent is proceeding for

recovery towards the two loans availed by it

issuing Ext.P1 notice issued on 27.01.2020.

2. Petitioner points out that in respect

of one loan, there are no dues as he has been

making payment regularly. In respect of the

other one, petitioner seeks time for

regularisation.

3. Sri.Pratheesh Chacko, learned Standing

Counsel for the respondents points out that

the respondents are not taking any action in

respect of the loan account

no.415HFP0102531434. This is recorded.

4. In respect of other loan account, it

is stated that a sum of Rs.1,25,076/- is

overdue. It is also stated that the

arbitration proceedings are going on in WP(C).No.3886 OF 2021(I)

respect of the same.

5. The learned counsel for the petitioner

points out that in case instalment facility is

given, petitioner would be able to pay off the

same so as to regularise the loan account,

which is in default.

Therefore the writ petition is

disposed of directing the petitioner to pay

the overdue amount of Rs.1,25,076/- in respect

of the loan account no.415PFR60591942 in three

regular equal monthly instalments along with

the regular instalments. In that event, the

respondents shall not take any coercive action

against the petitioner.

              Accordingly,     the    writ   petition    is

    disposed of.                                 Sd/-

                                              P.V.ASHA
                                                JUDGE
    ww
 WP(C).No.3886 OF 2021(I)






                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF     THE   DEMAND   NOTICE   DATED
                     27.01.2020.

EXHIBIT P2           TRUE COPY OF THE NOTICE DT. 23.1.2021 ALONG
                     WITH ENGLISH TRANSLATION.

EXHIBIT P3           TRUE COPY OF THE NOTICE DATED 23.1.2021 AND
                     LEGIBLE COPY.

EXHIBIT P4           TRUE COPY OF THE ACCOUNT STATEMENT.