Thomas M.C vs Sundaram Bnp Paribas Home Finance ...
2021 Latest Caselaw 12583 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

        THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943

                        WP(C) NO. 9348 OF 2021

PETITIONERS:

    1       THOMAS M.C.
            AGED 46 YEARS
            S/O.CHUMMAR, MELIT HOUSE, GANDHI JUNCTION, SULTHAN
            BATHERY P.O., WAYANAD-673 592.

    2       CHRISTINA AUGUSTINE,
            AGED 41 YEARS
            W/O.THOMAS, MELIT HOUSE, GANDHI JUNCTION, SULTHAN BATH-
            ERY P.O., WAYANAD-673 592.

    3       THANKAMANI CHUMMAR,
            AGED 70 YEARS
            W/O.CHUMMAR, MELIT HOUSE, GANDHI JUNCTION, SULTHAN
            BATHERY P.O., WAYANAD-673 592.

    4       JOHN JOSEPH,
            AGED 48 YEARS
            S/O.CHUMMAR, MELIT HOUSE, GANDHI JUNCTION, SULTHAN
            BATHERY P.O., WAYANAD-673 592.

    5       JOSEPH.M.C.,
            AGED 50 YEARS
            S/O.CHUMMAR, MELIT HOUSE, GANDHI JUNCTION, SULTHAN
            BATHERY P.O., WAYANAD-673 592.

            BY ADVS.
            M.M.MONAYE
            SHRI.M.PAUL VARGHESE
            SMT.NIRMALA P.V.

RESPONDENTS:

    1       M/S.SUNDARAM BNP PARIBAS HOME FINANCE LIMITED
            SUNDARAM TOWERS, 4TH FLOOR, NO.46, WHITES ROAD, CHEN-
            NAI-600 014, REPRESENTED BY ITS MANAGING DIRECTOR.

    2       AUTHORIZED OFFICER,
            M/S. SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, AREA
 WP(C).No.9348 OF 2021

                                2



          OFFICE, 2ND FLOOR, ELIZABETH ALEXANDER MEMMPRIAL L
          BUILDING, MARINE DRIVE, ERNAKULAM-682 031.

OTHER PRESENT:

          BINNY JOSEPH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9348 OF 2021

                                    3



                             JUDGMENT

Dated this the 27th day of May, 2021

This writ petition is filed seeking directions to the respondents

to withhold the coercive actions against the petitioners for recovery

of amounts due under a home loan as also for a consideration of

Ext.P4 application with regard to benefit of interest waiver in respect

of the same. It is submitted by the learned counsel for the petitioners

that the petitioners had availed a housing loan from the respondents,

which has fallen into default due to the business failure as well as the

difficulties faced by the family due to COVID. It is submitted that the

respondents are taking steps to realise the amounts due. Pursuant

to an interim order of this Court, the petitioners have remitted an

amount of Rs.7 lakhs and seek time to pay off the further amounts

due in equal monthly instalments. In the meanwhile, the petitioners

also seek a consideration of Ext.P4 request made by the petitioners

for waiver of compound interest and interest on interest during the

COVID period in the light of Ext.P6 judgment as well as Ext.P5

circular issued by the RBI WP(C).No.9348 OF 2021

2. Heard the learned counsel for the petitioner and Adv.Binny

Joseph, the learned counsel appearing for the respondents'

Company.

3. The learned counsel appearing for the respondents submits

that an amount in excess of Rs.94 lakhs is overdue for repayment on

the loan account and that an amount of Rs.1 Crore 18 lakhs is to be

paid to close the loan. It is submitted that the petitioners have

remitted only Rs.7 lakhs pursuant to the interim order of this Court.

4. Having heard the learned counsel on either side, I am of

the opinion that since the petitioners have made the remittances in

terms of the interim order issued by this Court, a further opportunity

is liable to be granted to pay off the amounts due in equal monthly

instalments. A further request made by the petitioners for waiver of

interest in the light of Ext.P5 circular and Ext.P6 judgment is also

liable to be considered by the respondents.

5. There will, accordingly, be a direction to the 1st respondent

to take up, consider and pass orders on Ext.P4 request made by the

petitioners within one month from the date of receipt of a copy of

this judgment.

WP(C).No.9348 OF 2021

6. The respondents are further directed to permit the

petitioners to pay off the aggregate amounts found due on the loan

in 10 equal monthly instalments. The first of such instalments shall

fall due on 01.07.2021 and the further instalments shall fall due on

the corresponding dates of the subsequent months. In case the

petitioners make the remittances as directed above, further coercive

action shall be deferred by the respondents. However, it is made clear

that in case the amounts are not paid as directed above, the

respondents shall be free to continue the coercive action from the

stage at which they presently stand.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/27.05.2021 WP(C).No.9348 OF 2021

APPENDIX OF WP(C) 9348/2021

PETITIONERS EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 04.09.2020.

EXHIBIT P2 TRUE COPY OF THE NOTICE OF CMP 4494/2018 DATED 17.12.2018.

EXHIBIT P3 TRUE COPY OF THE PETITION OF CMP 4494/2018 DATED 30.11.2018.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 05.04.2021.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 23.05.2020.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF SUPREME COURT DATED 27.11.2020.

EXHIBIT P7 TRUE COPY OF THE ACCOUNT STATEMENT FROM 15.10.2012 TO 30.09.2018.