Surakumar V vs Hdfc Bank
2022 Latest Caselaw 9965 Ker

W.P(C).27967/22                       1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
      WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                          WP(C) NO. 27967 OF 2022
PETITIONER/S:

             SURAKUMAR V
             AGED 56 YEARS
             S/O VISWAMBARAN NAIR, RESIDING AT
             'LEKSHMI', THOTTUMPURAM, KADUVAPARA, PALODE, PACHA.P.O,
             THIRUVANANTHAPURAM , PIN - 695562
             BY ADV V.K.HEMA


RESPONDENT/S:

     1       HDFC BANK, REPRESENTED BY ITS MANAGER
             HDFC HOUSE, VAZHUTHACAUD,
             POST BOX NO.2288,THIRUVANANTHAPURAM, PIN - 695010
     2       AUTHORIZED OFFICER, HDFC BANK,
             HDFC HOUSE, VAZHUTHACAUD,
             POST BOX NO.2288,THIRUVANANTHAPURAM, PIN - 695010
             BY ADVS.
             K.K.CHANDRAN PILLAI (SR.)
             Ambily S


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).27967/22                            2




                                   JUDGMENT

Petitioner had approached this Court and had obtained Ext.P1 judgment,

through which the petitioner was permitted to clear the overdue amount of

Rs.4,34,198/- in twelve instalments. This writ petition has been filed raising

various contentions including a contention that despite approaching the bank,

the amount to be remitted by the petitioner was not properly informed to the

petitioner. As is evident from the directions contained in Ext.P1 judgment,

such a contention cannot be countenanced. However, it is seen that the

petitioner remitted a sum of Rs.40,000/- towards the first instalment and a

further sum of Rs.53,000/- towards the second instalment which were payable

in the months of July and August 2022. The next instalment in terms of Ext.P1

judgment is payable on 15.9.2022.

2. The learned counsel for the petitioner states that if there is any

shortage in the amount paid as the first and second instalments, the same shall

be paid along with the instalment payable on 15.9.2022.

3. The learned Senior Counsel appearing for the respondent bank, on

the instructions of Adv. S. Ambily, would submit that technically this writ

petition is not maintainable. It is submitted that notwithstanding the above,

considering the fact that the petitioner is stated to be an ex-service man, who

sustained injuries etc. while in service, a further indulgence can be shown to

the petitioner and the petitioner can be permitted to pay the shortfall in

respect of the first and second instalments payable in terms of Ext.P1 judgment

along with the third instalment due on 15.9.2022.

4. Having heard the learned counsel for the petitioner and the

learned Senior Counsel appearing for the respondent bank, I am of the view

that there is considerable merit in the contention taken by the learned Senior

Counsel appearing for the respondent bank that this writ petition is not

maintainable. However, in the light of the extremely fair stand taken by the

learned Senior Counsel appearing for the respondent bank, this writ petition is

disposed of permitting the petitioner to remit the shortfall, in respect of the

first and second instalments payable on 15.7.2022 and 15.8.2022 in terms of

Ext.P1 judgment, along with the third instalment payable in terms of that

judgment on 15.9.2022. The amount of shortfall shall be intimated to the

petitioner by the respondent bank in the address given in the original petition.

It is made clear that no further indulgence will be shown to the petitioner and

these directions are being issued in view of the peculiar facts and circumstances

of the case.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE okb/ //True copy// P.S. to Judge

APPENDIX OF WP(C) 27967/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 24-06-

2022 IN WP (C) NO.13019 OF 2022 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P2 THE TRUE COPY OF THE CHEQUE DATED 15-07-2022 FOR RS. 40,000/ Exhibit P3 THE TRUE COPY OF THE CHEQUE DATED 25-08-2022 FOR RS.53,000 Exhibit P4 THE TRUE COPY OF COMMISSIONER'S NOTICE DATED 23-08-2022 INTIMATING THE TAKING OF POSSESSION OF THE RESIDENTIAL BUILDING.