Kerala High Court
R. Sandeep vs Housing Development Finance ... on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 10629 OF 2021
PETITIONERS:
1 R. SANDEEP
AGED 38 YEARS
S/O. RAVEENDRAN NAIR B., T. C. 7/151, SWAGATH,
KANJIRAMPARA P. O., THIRUVANANTHAPURAM - 695 030.
2 RAVEENDRAN NAIR B.
AGED 72 YEARS
S/O. BHASKARAN NAIR B., T. C. 7/151, SWAGATH,
KANJIRAMPARA P. O., THIRUVANANTHAPURAM - 695 030.
3 VASANTHAKUMARI K. R.
AGED 72 YEARS
W/O. RAVEENDRAN NAIR B., T. C. 7/151, SWAGATH,
KANJIRAMPARA P. O., THIRUVANANTHAPURAM - 695 030.
BY ADVS.
K.B.PRADEEP
SHRI.HARISANKAR R
SMT.PRIYA MARY P.L.
RESPONDENTS:
1 HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
HDFC HOUSE, VAZHUTHACAUD, POST BOX NO.2288,
THIRUVANANTHAPURAM - 695 010.
2 RESERVE BANK OF INDIA
BRANCH OFFICE, P. B. NO.6507, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10629 OF 2021
2
JUDGMENT
Heard the learned counsel appearing for the 1 st respondent and the
learned counsel for the petitioners.
2. The learned counsel for the petitioners submits that the 1 st
petitioners want to clear the entire overdue amount in instalments.
Because of Covid-19 pandemic and consequential lockdown, the
petitioners who happens to be a Dentist by profession could not comply
his commitment of payment of instalments regularly. The learned
counsel for the petitioner submits that the petitioner would pay Rs.5
lakhs in one week and remaining overdue amounts in two equated
monthly instalments. The learned counsel for the petitioner further
submits that the petitioner would pay regular instalments.
3. The learned standing counsel appearing for the 1st respondent
submits that as of now, the overdue amount as of now is Rs.16,72,665/-
and the petitioner has not paid an amount of Rs.5 lakhs despite earlier
order of this Court. However the learned counsel appearing for the 1 st
respondent submits that if the petitioner abides by the statement made
by his learned counsel before the Court today, then the respondent may
keep the action under the SARFAESI Act in abeyance. In this view of the
matter, the petition is disposed of with the following directions.
WP(C) NO. 10629 OF 2021
4. The petitioner to pay Rs.5 lakhs within a period of one week
and the balance overdue amount from his both loan accounts in two
successive monthly instalments commencing from 09/08/2021. In
addition, the petitioner should also pay EMIs regularly.
If the petitioner abides by these conditions, the respondents shall
keep the pending action under the SARFAESI in abeyance. A single
default in compliance of these directions shall entail the 1 st respondent to
continue with the action under the SARFAESI Act. No further extension
of time shall be granted to the petitioners in any circumstance.
Nsd SD/-
A.M.BADAR
JUDGE
WP(C) NO. 10629 OF 2021
APPENDIX OF WP(C) 10629/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE LOAN AGREEMENT DATED
30.11.2017, EXECUTED BY THE PETITIONERS AND
THE 1ST RESPONDENT WHEREBY BANK LOAN WAS
AVAILED.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25.08.2020
ISSUED UNDER SECTION 13(2) OF THE SARFAESI
ACT BY THE 1ST RESPONDENT TO THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE ORDER UNDER SECTION 14 OF
THE SARFAESI ACT DATED 24.02.2021 PASSED BY
THE CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 21.04.2021
ISSUED BY THE ADVOCATE COMMISSIONER.
//TRUE COPY//
PA TO JUDGE
