Harikumar vs The Regional Manager
2022 Latest Caselaw 9609 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 24586 OF 2022
PETITIONER:

          HARIKUMAR
          AGED 44 YEARS, S/O.SUKUMARAN,
          MANIBHAVAN, MUDIYOORKONAM.P.O, PANDALAM,
          PATHANAMTHITTA DISTRICT, PIN - 689 501.

          BY ADV K.K.SETHUKUMAR


RESPONDENTS:

    1     THE REGIONAL MANAGER
          MAHINDRA RURAL HOUSING FINANCE LTD., EDAPPALLY,
          ERNAKULAM DISTRICT, PIN - 682 024.

    2     THE MANAGER/AUTHORISED OFFICER
          MAHINDRA RURAL HOUSING FINANCE LTD,
          PATHANAMTHITTA .P.O, PATHANAMTHITTA DISTRICT,
          PIN - 689 645.


OTHER PRESENT:

          ADV. SARITHA VENUGOPAL (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24586 OF 2022                 2



                               JUDGMENT

The petitioner, who availed a loan from the respondent

financial institution has preferred Ext.P2 representation before the

1st respondent for One Time Settlement of the liabilities. The

respondents have initiated proceedings under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act (SARFAESI Act), taking physical possession of the

secured asset.

2. The learned counsel appearing for the petitioner states

that the petitioner will be satisfied with the direction to the 1 st

respondent to consider and pass orders on Ext.P2 request for One

Time Settlement. It is submitted that if One Time Settlement is

granted, the petitioner will sincerely abide by the terms upon which

the One Time Settlement granted to the petitioner.

3. Having heard the learned counsel for the petitioner and

the learned counsel appearing for the respondents, this writ petition

is disposed of directing the 1 st respondent to consider Ext.P2 request

for One Time Settlement within a period of one month from the date

of receipt of a certified copy of this judgment. Till such time the

orders passed on Ext.P2, further coercive steps against the

petitioner shall be kept in abeyance.

Sd/-

GOPINATH P.

ats                                                     JUDGE





                   APPENDIX OF WP(C) 24586/2022

PETITIONER EXHIBITS
Exhibit -P1    TRUE PHOTO COPY OF THE NOTICES ISSUED BY THE

ADVOCATE COMMISSIONER DATED 08/06/2022

Exhibit- P2 TRUE PHOTOCOPIES OF THE REQUESTS DATED 23/07/2022 GIVEN TO THE 1ST RESPONDENT

Exhibit- P3 TRUE PHOTOCOPIES OF THE REQUESTS DATED 23/07/2022 GIVEN TO THE 2ND RESPONDENT

Exhibit P4 TRUE PHOTOCOPIES OF THE POSTAL RECEIPT

Exhibit -P5 TRUE PHOTOCOPY OF THE POSTAL RECEIPT