Kerala High Court
Thankachan.K.G vs 1. Hdfc Bank Ltd on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
OP (DRT) NO. 508 OF 2022
AGAINST THE ORDER/JUDGMENT SA 483/2022 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER:
THANKACHAN.K.G
AGED 58 YEARS
S/O K.C GEORGE, KOLLAMPARAMBIL HOUSE,
MANIVAYAL,THOVARIMALA POST, WAYANAD DISTRICT
, PIN - 673592
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
S.SHIV SHANKAR
SIVA SURESH
RESPONDENTS:
1 1. HDFC BANK LTD
GROUND
CHOICE TOWERS,
1ST FLOOR, MANORAMA JUNCTION,
ERNAKULAM. REPRESENTED BY ITS MANAGER, PIN - 682016
2 AUTHORIZED OFFICER
HDFC BANK LT., GROUND CHOICE TOWERS, 1ST FLOOR,
MANORAMA JUNCTION, ERNAKULAM, PIN - 682016
BY ADV PREMCHAND M.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (Drt) No.508/2022 -2-
JUDGMENT
This original petition has been filed challenging the order of the Debts
Recovery Tribunal-I, Ernakulam refusing to extend the time for payment of the
amounts directed to be paid in terms of the interim order in S.A. No.483/2022.
2. When this matter is taken up for consideration, the learned counsel for
the petitioner submits that if the respondent bank is willing to permit the petitioner
to clear the overdue amount in installments, the petitioner will withdraw the
securitization application and all contentions therein.
3. The learned counsel for the respondent bank states that the overdue
amount as on today is Rs.27,84,253/- and if the petitioner pays 25% of the said
amount before 15-01-2023, the petitioner can be permitted to clear the balance
overdue amount in installments.
4. Having regard to the facts and circumstances of the case and
notwithstanding the fact that this original petition arises from an order of the
Tribunal and under Article 227 of the Constitution of India, this original petition
will stand disposed of in the following manner;
(i) The petitioner shall pay 25% of Rs.27,84,253/- on or before 15-01-
2023 and the balance overdue amount together with any accrued
interest and charges shall be repaid in eight equal monthly
installments commenting from 15-02-2023.
(ii) The subsequent instalments shall be paid on or before 15 th day of
every succeeding month.
(iii) Petitioner shall continue to pay the regular EMI's along with the
instalments directed above without default.
(iv) In the event of default of any one instalment, the respondent bank
shall be entitled to proceed in accordance with law.
(v) In order to enable the petitioner to repay the entire amounts, all
coercive proceedings shall be kept in abeyance.
(vi) The petitioner will unconditionally withdraw S.A. No.483/2022 and
all contentions raised therein.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF OP (DRT) 508/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SA NO. 483/2022 FILED ON 07.10.2022
FILED BY PETITIONER BEFORE DRT -1,ERNAKULAM WITHOUT
ANNEXURES
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER DATED 27.09.2022
Exhibit P3 TRUE COPY OF THE STAY PETITION AS I.A NO. 2276/2022
DATED 07.10.2022 FILED BY THE PETITIONER IN EXT.P1
Exhibit P4 TRUE COPY OF THE ORDER DATED 17.10.2022 IN I.A NO.
2276 OF 2022 OF THE DEBT RECOVERY TRIBUNAL -1,
ERNAKULAM
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 22.11.2022 IN I.A
NO. 2726 OF 2022 OBTAINED FROM THE ONLINE PORTAL OF
DEBT RECOVERY TRIBUNAL-1, ERNAKULAM
Exhibit P6 TRUE COPY OF JUDGMENT DATED 24.11.2022 IN O.P (DRT)
NO. 463 OF 2022 PASSED BY THIS HONORABLE COURT
Exhibit P7 TRUE COPY OF AGREEMENT FOR SALE DATED 19.09.2022
Exhibit P8 TRUE COPY OF RECEIPT DATED 12.12.2022 FOR PAYMENT OF
RS. 5,00,000/-
Exhibit P9 TRUE COPY OF PETITION FOR EXTENSION OF TIME AS I.A
NO. 3009 OF 2022 DATED 12.12.2022 FILED BY THE
PETITIONER IN EXT P1
Exhibit P10 TRUE COPY OF THE PROCEEDINGS DATED 16.12.2022 IN
I.A.NO. 3009/2022 OBTAINED FROM THE ONLINE PORTAL OF
DRT 1 ERNAKULAM.
