Sooraj Thekoot Raghavan vs The Housing Development Finance ...
2022 Latest Caselaw 160 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

 TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943

                   WP(C) NO. 29538 OF 2021

PETITIONER:

          SOORAJ THEKOOT RAGHAVAN
          AGED 33 YEARS, S/O.THEKOOTRAGHAVAN,
          THEKOOT HOUSE,
          THAIKKAD.P.O,GURUVAYOOR,
          THRISSUR DISTRICT,
          KERALA-680104.
          NOW RESIDING AT ROOM NO.203,
          MINA BUIDLING, HOR AL ANZAH,
          DUBAI,
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
          HIS MOTHER SMT.SUMA, AGED 52 YEARS,
          W/O.THEKOOTRAGHAVAN,
          THEKOOT HOUSE,
          THAIKKAD.P.O, GURUVAYOOR,
          THRISSUR DISTRICT, KERALA-680104.
          BY ADV J.G.SYAMNATH


RESPONDENTS:

    1     THE HOUSING DEVELOPMENT FINANCE CORPORATION
          LTD(HDFC),
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          HDFC HOUSE, P.B.NO.1667,
          RAVIPURAM JUNCTION,
          M.G.ROAD, KOCHI,
          KERALA,PIN-682015.
    2     THE BRANCH MANAGER,
          THE HOUSING DEVELOPMENT FINANCE CORPORATION
          LTD(HDFC),
          KUNNAMKULAM BRANCH, MC TOWER,
          THRISSUR ROAD,KUNNAMKULAM, THRISSUR,
          KERALA,PIN-680503.
          BY ADVS.
          SRI.K.K.CHANDRAN PILLAI (SR.)
          SMT.S.AMBILY
 W.P.(C) No.29538/21                 -:2:-


              SRI.SAJI THOMAS
              ADV.MICKY THOMAS



       THIS     WRIT    PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON    11.01.2022,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.29538/21               -:3:-




                    BECHU KURIAN THOMAS, J.
                    --------------------------------
                     W.P.(C) No.29538 of 2021
                    --------------------------------
                Dated this the 11th day of January, 2022

                             JUDGMENT

Petitioner seeks a direction to grant him a one time

settlement to close his loan account after allowing him to re-

enter his house.

2. Despite Ext.P2 judgment staring at the face of the

petitioner followed by its non-compliance, the respondents have

agreed to grant a further period of three months to the petitioner

to clear the entire liability on the basis of the submission of the

learned counsel for the petitioner that he is identifying a

prospective purchaser to purchase the secured asset.

3. In view of the above submission of the learned Senior

Counsel Sri.K.K.Chandranpillai instructed by Adv.S.Ambily on

behalf of the respondents that they will not initiate any action for

a period of three months, the petitioner will be free to identify

the prospective purchaser and approach the respondent bank

with a suitable offer for payment of the entire amount. If an

amount of Rs.20,09,116/- is paid within a period of three

months, the property created as security asset shall be returned

back to the petitioner. If there is any any failure on the part of

the petitioner to abide by the terms stipulated above, the

respondent bank shall be free to proceed in accordance with law.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 29538/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LOAN OFFER LETTER DATED 06.11.2014.

Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.35198/2018. Exhibit P3 A TRUE COPY OF THE POSSESSION NOTICE DATED 08-10-2021.

Exhibit P4 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE BANK DATED 23-10-2021.