Sheeba Thomas vs Authorised Officer
2022 Latest Caselaw 4900 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      WP(C) NO. 14952 OF 2022
PETITIONERS:

     1       SHEEBA THOMAS
             AGED 51 YEARS
             W/O.SUJITH CHERIYAN JOHN, ANANDASHRAMAM,
             EDAPPALLY, KANAYANNOOR TALUK,
             ERNAKULAM DISTRICT, PIN 682024
     2       SUJITH CHERIYAN JOHN, AGED 51 YEARS
             S/O.GEORGE CHERIYANANANDASHRAMAM,
             EDAPPALLY,   KANAYANNOOR TALUK,
             ERNAKULAM DISTRICT, PIN 682024
             BY ADVS.
             AJITH MURALI
             MOHANAN M.K.


RESPONDENTS:

     1       AUTHORISED OFFICER
             SUNDARAM HOME FINANCE LIMITED,
             SUNDARAM TOWER,-46, WHITES ROAD,
             CHENNAI, STATE OF TAMIL NADU, PIN 600014
     2       THE BRANCH MANAGER, SUNDARAM HOME FINANCE LIMITED,
             MARINE DRIVE BRANCH, ALEXANDER MEMORIAL BUILDING,
             MARINE DRIVE, OPPOSITE RAINBOW BRIDGE,
             KOCHI, PIN 682031




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C)No.14952 of 2022
                                      2



                      MOHAMMED NIAS. C.P.,J
                   ------------------------
                     WP(C) No. 14952 of 2022
                   ------------------------
                 Dated this the 29th day of April, 2022


                               JUDGMENT

The petitioners have availed a housing loan for

Rs.23,50,000/- from the second respondent bank on 19.02.2017

by creating equitable mortgage by depositing the title deed of

their residential building for renovation of residential building

and clearing prior debt. Due to the difficulties caused,

repayments were not made in time and the same led to

proceedings for recovery against the petitioner.

2. The limited prayer of the petitioners in this writ

petition is to grant instalment facility to pay the overdue

amounts and to regularise the loan account.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding overdue as

on today is Rs.4,88,536/-

4. Taking into account the averments in the writ WP(C)No.14952 of 2022

petition and after hearing the learned counsel on either side, I

deem it appropriate to grant 10 equal monthly instalment

facility to the petitioners to wipe off the overdue amounts due

to the respondent bank.

5. In the said circumstances this writ petitions is

disposed of permitting the petitioner to clear off the overdue

amounts due to the respondent bank in 10 equal monthly

instalments starting from 25.05.2022. The petitioners will also

be liable to pay the applicable EMI with the accrued interest, if

any, continuously over and above the instalments to pay off the

overdue amounts.

6. It is made clear that if there are two defaults

committed in paying the instalments at any time, the petitioners

will lose the benefit of this order and the respondent bank will

be at liberty to proceed against the petitioner on the basis of

the recovery proceedings already initiated.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlK 29.4.2022 WP(C)No.14952 of 2022

APPENDIX OF WP(C) 14952/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MONTHLY LOAN STATEMENT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 21.04.2022 ISSUED BY THE IST RESPONDENT.