Kerala High Court
Tinu A.J vs The Authorised Officer on 11 January, 2022
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. 831 OF 2022
PETITIONER:
TINU A.J.,
AGED 35 YEARS, S/O.JOSEY,
ARAKKAL HOUSE,
RAMESWARAM VILLAGE, MUNDANVELI P.O.,
ERNAKULAM DISTRICT-682 507
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RENJISH S. MENON
RESPONDENTS:
1 THE AUTHORISED OFFICER,
SUNDARAM HOME FINANCE LIMITED,
(FORMERLY KNOWN AS SUNDARA BNP PARIBAS HOME FINANCE
LIMITED) SUNDRAM TOWERS, 46, WHITES ROAD,
CHENNAI-600 014
2 SUNDARAM HOME FINANCE LIMITED,
(FORMERLY KNOWN AS SUNDARA BNP PARIBAS HOME FINANCE
LIMITED) MARINE DRIVE BRANCH,
ELIZABETH ALEXANDER BUILDING, SHANMUGHAM ROAD,
MARINE DRIVE, ERNAKULAM-682 031,
REPRESENTED BY ITS MANAGER
BY ADVS.
BINNY P.JOSEPH
BASIL MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 831 OF 2022
2
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C) No.831 of 2022
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 11th day of January, 2022
JUDGMENT
Petitioner as borrower from the respondent bank, has
committed default in repayment. Consequently, proceedings have been
initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioner has confined the
relief to an opportunity for repaying the overdue amount in instalments
and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the
petitioner committed default in repayment and the overdue amount is
Rs.13,76,139/-. It was further submitted that though proceedings for
recovery have been initiated, as a matter of indulgence, the respondent
bank is willing to accept repayment of the overdue amount in limited
instalments and regularise the loan account.
4. I have heard Sri.T.Madhu, learned counsel for the petitioner
as well as Sri.Binny P.Joseph, the learned counsel for the respondents.
5. Having regard to the circumstances of the case and the
situation now prevailing, apart from the submissions made as recorded
above, I am of the view that the petitioner can be granted an opportunity
to repay the overdue amount in '15' instalments and thereafter, if the
WP(C) NO. 831 OF 2022
amount so directed is repaid within the time as directed above, to have the
loan account regularised.
6. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire overdue amount of Rs.13,76,139/- along
with bank charges from the petitioner and regularise the loan account of
the petitioner on the following conditions :
(i) The overdue amount of Rs.13,76,139/- shall be repaid
in '15' equated monthly instalments.
(ii) The first instalment shall be paid on or before
15.02.2022.
(iii) Petitioner shall continue to pay the regular EMI's
along with the instalments directed above.
(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.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 831 OF 2022
APPENDIX OF WP(C) 831/2022
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 13.4.2020 ISSUED BY THE DEPARTMENT
OF PAEDIATRIC CARDIOTHORACIC SURGERY,
LASSIE HOSPITAL, ERNAKULAM
Exhibit P2 THE TRUE COPY OF THE NOTICE DATED
12.3.2021 ISSUED BY THE FIRST RESPONDENT
