Rajan vs Axis Bank Limited
2021 Latest Caselaw 19245 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                      WP(C) NO. 10750 OF 2021
PETITIONER:

          RAJAN
          AGED 38 YEARS
          S/O. RADHAKRISHNAN, THOTTUNGAL HOUSE, CHENDRAPPINI,
          THRISSUR-680689.
          BY ADV MUMTAZ SHUMSUDDIN


RESPONDENT:

          AXIS BANK LIMITED
          REP. BY THE AUTHORIZED OFFICER, RETAIL ASSET CENTRE,
          5TH FLOOR, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM,
          KOCHI-682035.
          BY ADVS.
          SAJU N.A.
          G.LEKHA


OTHER PRESENT:

          SRI. SAJU N. A. - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10750 OF 2021
                                  2

                  BECHU KURIAN THOMAS, J
               ................................................
                    W.P.(C) No.10750 of 2021
                 ...........................................
          Dated this the 14TH day of September, 2021


                            JUDGMENT

The petitioner seeks only a breathing

time for repayment of over due amount on a

housing loan taken by the petitioner in the year

2017.

Adv.Saju.N.A., appearing on behalf of the

respondent, upon instructions, submit that, the

total overdue amount as on 10/9/2021, is

Rs.5,86,140/-, and that the respondent is willing

to accept repayment of the overdue amount in

installments, provided petitioner pays a

substantial sum immediately.

I heard Adv.Mumtaz Shumsuddin, on behalf

of petitioner also. On an appreciation of the

factual situation arising in this case. I am of

the view that, the petitioner can be granted an WP(C) NO. 10750 OF 2021

opportunity to repay the overdue amount of

Rs.5,86,140/-, on condition that, petitioner pays

an amount Rs.3,00,000/- on or before 18/10/2021,

and the remainder of the overdue amount in 6

equated monthly installments. The afore said

installment facility is granted on a further

condition that the petitioner continues to pay

the regular monthly installments in the loan

account. Until then all proceedings to dispossess

the petitioner, shall be kept in abeyance.

Needless to say, in the event of any

default in any of the installments as directed

above, respondent shall be entitled to proceed in

accordance with law.

This writ petition is disposed of as

above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 10750 OF 2021

APPENDIX OF WP(C) 10750/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 12.3.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXHIBIT P2 REQUEST LETTER DATED 25.3.2021 GIVEN BY THE PETITIONER TO THE RESPONDENT.

RESPONDENT'S EXHIBITS: NIL




AJM              //TRUE COPY//          PA TO JUDGE