Sunil Kumar vs Housing Development Finance ...
2021 Latest Caselaw 19286 Ker

WP(C) NO. 18815 OF 2021

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         N 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. 18815 OF 2021
PETITIONER:

          SUNIL KUMAR
          AGED 48 YEARS
          S/O. MUTTATHIL PURUSHOTHAMAN, MUTTATHIL
          HOUSE, KARIMALLOR P.O, ERNAKULAM, KERALA PIN
          683511
          BY ADVS.
          NAVANEETH.N.NATH
          K.S.STEJO
          N.RAJI


RESPONDENT:

          HOUSING DEVELOPMENT FINANCE CORPORATION
          LIMITED
          REPRESENTED BY ITS MANAGER, HDFC HOUSE, P.B
          NO. 1667, RAVIPURAM ERNAKULAM, KERALA, PIN
          682 015
OTHER PRESENT:

          ADV.S. AMBILY ,ADV.SRI.K. K. CHANDRAN PILLAI
          - SR.


      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. 18815 OF 2021

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                  BECHU KURIAN THOMAS, J
              ................................................
                  W.P.(C) No.18815 of 2021
               ...........................................
         Dated this the 14TH day of September, 2021

                            JUDGMENT

Petitioner had availed a housing loan

from the respondent Bank. The loan has

fallen in arrears. Respondent Bank has

initiated proceedings for recovery of the

amounts. Through this writ petition,

petitioner seeks permission for repayment of

the overdue amount in 15 equal installments.

            The           learned            senior          counsel

Sri.K.K.Chandran           Pillai          duly   instructed       by

Adv.S.Ambily         submits           on     behalf         of   the

respondent        that,      even           though      there     are

various demerits in the case put forth by the

petitioner, the Bank is willing to accept

repayment of the overdue amount in limited

number of installments. It was pointed out

that the amount of Rs.5,87,429/- is due from

the petitioner as on 6/9/2021, and that the WP(C) NO. 18815 OF 2021

Bank is willing to accept repayment of the

over due amount in 5 equated monthly

installments.

Accordingly there will be a direction

to the respondent to accept payment of the

overdue amount of Rs.5,87,429/-, in 5 equated

monthly installments, the first of which

shall commence on 1/10/2021. The petitioner

shall continue to pay regular installments

along with the aforesaid installments

stipulated in this judgment.

Needless to say, in the event of

default of any one installment, respondent

shall be entitled to proceed in accordance

with law. All further proceedings under

Section 14 of the SARFAESI Act shall be kept

in abeyance to enable the petitioner to act in

accordance with judgment.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 18815 OF 2021

APPENDIX OF WP(C) 18815/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 12-

04-2021 ISSUED TO THE PETITIONERS BY THE ADVOCATE COMMISSIONER APPOINTED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

RESPONDENT'S EXHIBITS: NIL

AJM //TRUE COPY// PA TO JUDGE