G.Sanil Kumar vs Housing Development Finance ...
2021 Latest Caselaw 19274 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. 18885 OF 2021
PETITIONER:

          G.SANIL KUMAR
          AGED 51 YEARS
          S/O N.GAMALIEL, KOTTAKUZHY ARAPPURA VEEDU, KOTTAKUZHY,
          THIRUVANANTHAPURAM, PIN-695524.
          BY ADV G.SUDHEER


RESPONDENT:

          HOUSING DEVELOPMENT FINANCE CORPORATION LTD,(HDFC),
          REPRESENTED BY ITS AUTHORIZED OFFICER, MEDICAL COLLEGE
          BRANCH,
          MEDICAL COLLEGE.P.O,
          THIRUVANANTHAPURAM-695031.
          BY ADVS.
          SRI.K.K.CHANDRAN PILLAI (SR.)
          S.AMBILY
          MICKY THOMAS


     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. 18885 OF 2021
                                2

                  BECHU KURIAN THOMAS, J
              ................................................
                    W.P.(C) No.18885 of 2021
                ...........................................
         Dated this the 14TH day of September, 2021

                            JUDGMENT

Petitioner seeks indulgence of this

court to regularize the loan account with the

respondent Bank. Petitioner apprehends

dispossession pursuant to Ext.P5 notice and

has hence approached this Court.

The learned Senior counsel

Adv.Sri.K.K.Chandran Pillai duly instructed by

Adv.S.Ambily upon instructions submit that,

respondent Bank is willing to show leniency to

the petitioner, having regard to the

circumstances which the petitioner had to

undergo. It is further pointed out that, the

overdue amount as on date is Rs.3,71,326/-, and

that Bank is willing to permit the petitioner

to repay the amount in 8 equated monthly

installments.

WP(C) NO. 18885 OF 2021

Accordingly there will be a direction

to the respondent Bank to regularize the loan

account of the petitioner, on condition that

petitioner repays the overdue amount of

Rs.3,71,326/- in eight equated EMI's along with

the regular installments and all other Bank

charges. The first installment shall be paid

on or before 30/9/2021.

Needless to say, in the event of

default of any one of the installments, the

Bank will be entitled to proceed in accordance

with law. All proceedings under Section 14

shall be kept in abeyance in the mean time.

This writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 18885 OF 2021

APPENDIX OF WP(C) 18885/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LOAN SCHEDULE ISSUED BY THE RESPONDENT BANK Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF PETITIONER FROM 1.4.2017 TO 9.9.2021 Exhibit P3 TRUE COPY OF THE ORDER DATED 22.2.2021 IN M.C.NO.86/2021 PASSED BY THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 9.8.2021 ISSUED BY THE RESPONDENT BANK.

Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 11.8.2021.

RESPONDENT'S EXHIBITS: NIL

AJM //TRUE COPY// PA TO JUDGE