Kerala High Court
Veeran Kutty K vs Sundaram Home 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
IA.NO.1/2021 IN WP(C) NO. 6194 OF 2021
PETITIONER/PETITIONER:
VEERAN KUTTY K., S/O.KUNCHAYIN, AGED 49 YEARS, HIBA HOUSE,
KURUNGOTTUMMAL, PANTHEERANKAVU P.O., PERUMANNA, KOZHIKODE-673019.
RESPONDENTS/RESPONDENTS:
1. M/S.SUNDARAM HOME FINANCE LTD. 2ND FLOOR, BMT CENTRE, MINI BYE PASS
ROAD, PUTHIYARA P.O., KOZHIKODE-673004, REPRESENTED BY ITS MANAGER.
2. THE AUTHORIZED OFFICER, M/S.SUNDARAM HOME FINANCE LTD., SUNDARAM
TOWERS, 5TH FLOOR, NO.46, WHITES ROAD, CHENNAI-600014.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
Respondents to grant a further time of Six months for repayments of the
balance overdue amount with interest pertaining to June 2020 onwards along
with regular EMIs with effect from 20.01.2022, in order to secure ends of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 24.03.2021 and upon hearing the arguments of M/S.T.D.SUSMITH KUMAR &
C.SIVADAS, Advocates for the petitioner in I.A/WP(C) and of STANDING
COUNSEL for Respondents in I.A./WP(C), the court passed the following:
BECHU KURIAN THOMAS, J.
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I.A.No.1 of 2021
in
W.P.(C) No.6194 of 2021
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Dated this the 29th day of October, 2021
ORDER
This is an application for extending the time for payment
as directed in the judgment dated 24.03.2021.
2. I have heard the learned counsel for the petitioner as
well as the learned counsel for the respondents.
3. Adv.Varghese Kuriakose, the learned counsel for the
respondents submit that having regard to the circumstances stated
by the petitioner, respondents are willing to accommodate the
petitioner and also agree to be indulgent to the petitioner if this
Court permits him to pay the amounts due under the regular
instalments from June 2021 to November 2021 in two instalments
payable on 30.11.2021 and 31.12.2021 and also that clear the
arrears due under the account till June 2021 to be paid from
January 2022 in equated monthly instalments so that the arrears
are cleared by 31st of March 2022.
4. Since the respondents have expressed their consent in
showing indulgence to the petitioner, notwithstanding the directions
on 24.03.2021, it is directed that petitioner shall clear the arrears of
I.A.No.1 of 2021 in W.P.(C) No.6194 of 2021
regular instalments for the period June 2021 till November 2021 in
two instalments payable on 30.11.2021 and 31.12.2021 and the
arrears of the loan till May 2021 (inclusive) be cleared in equated
instalments from January 2022 till 31st March 2022.
Needless to mention that in the event of default of any one
of the conditions stipulated above, the respondents can proceed in
accordance with law.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
29-10-2021 /True Copy/ Assistant Registrar
