Kerala High Court
Nisha Richard vs Housing Development Finance ... on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 26292 OF 2021
PETITIONER :
NISHA RICHARD,
AGED 46 YEARS,
W/O.RICHARD BURTON.V.J, RESIDING AT AVE MARIA,
15-A, SKYLIINE RIVERVILLE, CHALAKKAL EAST,
ALUVA PERUMBAVOOR KSRTC ROUTE, ALUVA(PO),
COCHIN-683105.
BY ADV MARGERET K. JAMES
RESPONDENT :
HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,
HDFC HOUSE, 3RD FLOOR,
RAVIPURAM JUNCTION, M.G.ROAD,
KOCHI-682015, REPRESENTED BY ITS MANAGER/DULY
AUTHORIZED OFFICER, SACHIN A.S, S/O LATE T.K.SHANAVAS,
AGED 38 YEARS, CRM LEGAL, HDFC LTD., HDFC HOUSE,
RAVIPURAM JUNCTION, MG ROAD,
KOCHI-682015.
SMT.S.AMBILY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26292 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.26292 of 2021
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Dated this the 23rd day of November, 2021
JUDGMENT
Petitioner as borrower from the respondent bank, has
committed default in repayment. Consequently, proceedings have been
initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioner has confined the
relief to an opportunity for repaying the overdue amount in instalments
and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the
petitioner committed default in repayment and the overdue amount as on
19.11.2021 is Rs.18,80,224/-. It was further submitted that though
proceedings for recovery have been initiated, as a matter of indulgence,
the respondent bank is willing to accept repayment of the overdue amount
in limited instalments and regularise the loan account.
4. I have heard Adv.Margaret K.James, the learned counsel for
the petitioner as well as Adv.S.Ambily, the learned counsel for the
respondent.
5. Having regard to the circumstances of the case and the
situation now prevailing, apart from the submissions made as recorded
above, I am of the view that the petitioner can be granted an opportunity
to repay the overdue amount in twelve instalments and thereafter, if the
WP(C) NO. 26292 OF 2021
amount so directed is repaid within the time as directed above, to have the
loan account regularised.
6. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire overdue amount of Rs.18,80,224/- along
with bank charges from the petitioner and regularise the loan account of
the petitioner on the following conditions :
(i) The overdue amount of Rs.18,80,224/- shall be repaid
in twelve equated monthly instalments.
(ii) The first instalment shall be paid on or before
22.12.2021.
(iii) Petitioner shall continue to pay the regular EMI's along
with the instalments directed above.
(iv) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
accordance with law.
(v) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings pursuant to Section
14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security
Interest Act, 2002 shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 26292 OF 2021
APPENDIX OF WP(C) 26292/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT STAND IN
THE NAME OF THE PETITIONER'S HUSBAND DATED
13-10-2021
Exhibit P2 TRUE COPY OF THE JOB TERMINATION LETTER 0F
THE PETITIONER'S HUSBAND DATED 31-05-2020
Exhibit P3 TRUE COPY OF THE ORDER OF HON'BLE ACJM
COURT FOR APPOINTING ADVOCATE COMMISSIONER
DATED 28/10/2021
Exhibit P4 TRUE COPY OF THE PRINTOUT TAKEN FROM THE
RESPONDENT BANK' S SITE RELATED TO THE
DIAGRAM OF PAYMENT PIE CHART
Exhibit P5 TRUE COPY OF THE PRINTOUT OF THE PAYMENT
STATEMENT TAKEN FROM THE RESPONDENT BANK'S
SITE.
