Kerala High Court
Aravindakshan Marathezath ... vs Dewan Housing Finance Ltd on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 22086 OF 2021
PETITIONER:
ARAVINDAKSHAN MARATHEZATH KUNJUNNI
AGED 70 YEARS,S/O KUNJUNNI,
MARATHEZATH HOUSE,
KANNAMKULANGARA P.O.,KOORKENCHERI,
THRISSUR, KERALA-680 007
BY ADV K.RAJESH KANNAN
RESPONDENTS:
1 DEWAN HOUSING FINANCE LTD.
(INCORPORATED UNDER THE COMPANIES ACT 1956),
HAVING ITS REGISTERED OFFICE AT WARDEN HOUSE,
2ND FLOOR, SIR P.M. ROAD,
FORT MUMBAIR-400 001,
AND BRANCH OFFICE AT DHFL,
1ST FLOOR, KKM BUILDING,
NEAR METRO PLAZA, PALARIVATTOM,
ERNAKULAM,
REPRESENTED BY ITS AUTHORIZED OFFICER
2 ARUN KUMAR
AGED 35 YEARS, S/O ARAVINDAKSHAN,
MARATHEZATH HOUSE,
KANNAMKULANGARA P.O, KOORKENCHERI,
THRISSUR, KERALA-680 007
BY SRI.PAULOCHAN P. ANTONY,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.22086/21
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(C) No.22086 of 2021
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Dated this the 29th day of October, 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 is
Rs.19,41,000/-. 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.K.Rajesh Kannan, learned counsel for the
petitioner as well as Adv.Paulochan P.Antony, the learned Standing
Counsel for the respondent bank.
W.P.(C) No.22086/21
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 nine instalments and
thereafter, if the 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.19,41,000/-,
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.19,41,000/- shall be repaid in
nine equated monthly instalments.
(ii) The first instalment of Rs.4,00,000/- shall be paid on or
before 30.11.2021 and the balance amount shall be
paid in eight equated monthly instalments.
(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
W.P.(C) No.22086/21
accordance with law.
(v) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
W.P.(C) No.22086/21
APPENDIX OF WP(C) 22086/2021
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 3.2.2017
IN WPC NO.752/2017 OF THIS HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
10.11.2017 IN WA NO 2150/2017
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 23.9.2021
ISSUED BY THE ADVOCATE COMMISSIONER
APPOINTED BY THE CHIEF JUDICIAL
MAGISTRATE COURT, THRISSUR IN CRL.M.P.
NO 1897/2021
