Kerala High Court
K.P. Priji vs Hdb Financial Services Ltd on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
IA.NO.2/2021 IN WP(C) NO. 4144 OF 2021
PETITIONER/PETITIONER:
K.P. PRIJI, AGED 56 YEARS, S/O.LATE B.PRABHAKARAN, RESIDING AT
374/2, VENMALAR, NEAR AMMAN KOVIL, NEDUMANGADU, THIRUVANANTHAPURAM
DISTRICT, PIN-695541.
RESPONDENTS/RESPONDENTS:
1. HDB FINANCIAL SERVICES LTD., HAVING ITS REGISTERED OFFICE AT
RADHIKA, 2ND FLOOR, LAW GARDEN ROAD, NAVARANGPURA, AHMEDABAD,
380009, HAVING ITS BRANCH OFFICE AT "SPRINGS", 1ST FLOOR, NEAR
RELIANCE FRESH, EDAPPAZHANJI, THYCAUD P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695014.
2. AUTHORIZED OFFICER, UNDER SARFAESI ACT, HDB FINANCIAL SERVICES LTD.,
"SPRINGS", 1ST FLOOR, NEAR RELIANCE FRESH, EDAPPAZHANJI, THYCAUD
P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695014.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
granted to remit the balance Rs.5,00,000/- for a period of two months from
today as also the installments after that period in the interest of
justice and to secure the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/s. J.R.PREM NAVAZ and SUMEEN S., Advocates for the petitioner in
I.A./WP(C) and of SRI. PRADEESH CHACKO,standing counsel for the
respondents in I.A./WP(C), the court passed the following:
p.t.o
W.P.(C)No.4144 of 2021
1
BECHU KURIAN THOMAS, J.
===============================
I.A.No.2/2021
in
W.P.(C)No.4144 of 2021
-----------------------------------------------------
Dated this the 25th day of November, 2021
ORDER
This is an application for the extension of time of the judgment
dated 18.2.2021. As per the judgment the following directions were
issued.
i) the petitioner to pay an amount of Rs.15 lakhs towards the
discharge of his liability to the respondents by the end of
March 2021, and he should repay the balance outstanding
amount of loans in 12 equated monthly instalments
commencing from 21.4.2021.
ii) if the petitioner abides by the above said direction, then the
respondents shall keep the coercive action taken under
SARFAESI Act against the petitioner in abeyance.
Iii) a single default on the part of the petitioner in compliance
with this direction shall entitle the respondents to continue
W.P.(C)No.4144 of 2021
with the action under the SARFAESI Act against the
petitioner.
iv) no further extension of time shall be granted to the
petitioner for compliance of this direction.
2. In spite of condition No.4 as mentioned above, the
petitioner has filed this application for extension of time stating that
he was unable to abide by the conditions in toto, though he has, as of
now, paid an amount of Rs.32,90,210.
3. According to Sri.Pradeesh Chacko, learned Counsel for the
respondent, petitioner had to pay a total amount of Rs.43,09,744/- and
that there has not been any payment of regular EMIs by the petitioner
subsequent to the judgment.
4 Adv.Prem Navaz, learned Counsel for the petitioner submits
that the petitioner is willing to clear the entire liability on or before
30.3.2021.
5. Having regard to the facts and circumstances, the time
stipulated in the judgment dated 18.2.2021 shall stand extended till
30.3.2021 to clear the over due amount, on condition that, petitioner
pays an amount of Rs.5,00,000/- (Rupees five lakhs only) on or before
W.P.(C)No.4144 of 2021
20.12.2021 and clears the entire overdue amount of Rs.43,97,441/- as
well as all arrears that accrue in the loan account by 30.3.2021.
This application is disposed of.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
25-11-2021 /True Copy/ Assistant Registrar
