Baiju K.P vs The Authorised Officer
2022 Latest Caselaw 7306 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
                 IA.NO.1/2022 IN WP(C) NO. 29804 OF 2021(A)
PETITIONER/PETITIONER:

     BAIJU K.P., AGED 48 YEARS, S/O.LATE KOCHU NARAYANAN NAIR R., GHSS,
     KAMBALLUR GHS SCHOOL, KAMBALLUR P.O., KASARAGOD - 671 326. RESIDING
     AT PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.

RESPONDENTS/RESPONDENTS:

  1. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION
     LIMITED, HDFC HOUSE, M.G.ROAD, KOCHI - 682 015.
  2. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, KANNUR BRANCH,
     HIGHWAY ARCADE, THANA, KANNUR - 670 002, REPRESENTED BY ITS BRANCH
     MANAGER.
  3. PREEJAKUMARI P. W/O.BAIJU K.P., PADMALAYAM, KAMBALLUR P.O.,
     KASARAGOD - 670 511.
  4. BINDHU K.P. D/O.LATE KOCHU NARAYANAN NAIR R., C/O.BAIJU K.P.,
     PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.
  5. PADMINI AMMA W/O.LATE KOCHU NARAYANAN NAIR R., C/O.BAIJU
     K.P.,PADMALAYAM, KAMBALLUR P.O., KASARAGOD - 671 511.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents 1 and 2 to treat the payment of Rs.6,00,000/- on 11-05-2022 as
compliance of the directions contained in the Judgment dated 04-01-2022
and permit the petitioner to make further payments as directed in the
Judgment dated 04-01-2022 in the interest of justice.
     This Application coming on for admission upon perusing the
application and the affidavit filed in support thereof, and this court's
Judgment dated 04.01.2022 and upon hearing the arguments of
M/S.T.K.VIPINDAS & K.V.SREE VINAYAKAN, Advocates for the petitioner in
IA/WP(C) and of SRI.K.K.CHANDRAN PILLAI (SENIOR ADVOCATE), along with M/S.
S.AMBILY & MICKY THOMAS, Advocates for the respondents in IA/WPC, the
court passed the following:
                    BECHU KURIAN THOMAS, J.
              -----------------------------------------
                         I.A.No. 1 of 2022
                                  in
                   W.P.(C) NO. 29804 of 2021
               ----------------------------------------
              Dated this the 23rd day of June, 2022


                              ORDER

This is an application seeking a direction to respondents 1 and 2

to treat the payment of Rs.6,00,000/- paid on 11-05-2022 as

compliance of the directions contained in the judgment dated

04-01-2022 and permit the petitioner to make further payments as

directed in the judgment.

2. The learned Senior Counsel appearing for respondents upon

instructions submitted that an amount of Rs.6,00,000/-was paid by

one Sri.Sunil Kumar on 11-05-2022, into the bank's account having

No.00200350000126. According to the respondents the said amount

was paid with the oral instructions to credit the same into the

property purchase loan availed by the petitioner and the Bank acted

in accordance with the said instructions. It was pointed out that

balance amount is liable to be paid forthwith, failing which the

respondents will be compelled to proceed in accordance with law.

3. Sri.T.K.Vipindas submitted that if the amount was credited

into the accounts where the outstanding amounts were due as W.P.(C) NO. 29804 of 2021

specified in conditions No.(iii) of the judgment dated 04.01.2022, it

would have benefited him.

4. Though clearing the outstanding amount was the initial step

directed in the judgment, and that would have been the ideal

situation, the payment on 11-05-2022 was made by another person

and not the petitioner, though to clear the petitioner's liability. In the

absence of any contra evidence, the appropriation of the said

payment towards the overdue amounts by the Bank cannot be

interfered with despite such appropriation being not fully in

consonance to condition No.(iii) of the judgment.

5. Be that as it may, taking note of the submission of counsel

for the petitioner as well as the respondents, I deem it fit to extend

the time for payment of the defaulted amount till 30.06.2022 along

with the regular instalment payments, to avail the benefit of the

remaining instalments as stipulated in the judgment.

6. It is clarified that if the petitioner defaults in paying the

amounts within the time mentioned in this order respondent shall be

free to proceed in accordance with law.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM 23/6/22

23-06-2022 /True Copy/ Assistant Registrar