Rajaneesh S. Thilakam vs Sundaram Bnp Paribas Home Finance ...
2022 Latest Caselaw 5112 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
  FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                    WP(C) NO. 15444 OF 2022
PETITIONER    :

         RAJENEESH S. THILAKAM,
         AGED 42 YEARS,
         S/O. THILAKAN, K.K.NIVAS, CHIRAKADAVAM,
         KAYAMKULAM, ALAPPUZHA-690 502

         BY ADVS.
         P.SREEKUMAR
         ASWIN KUMAR M J
         RENOY VINCENT
         HELEN P.A.
         ARUN ROY



RESPONDENTS    :

    1    SUNDARAM BNP PARIBAS HOME FINANCE LTD.
         SUNDARAM TOWER, 46, WHITE ROAD, CHENNAI-600 014,
         REPRESENTED BY ITS MANAGER

    2    THE AUTHORISED OFFICER,
         SUNDARAM BNP PARIBAS HOME FINANCE LTD, SUNDARAM
         TOWER, 46, WHITE ROAD, CHENNAI-600 014

         BY ADV S.AMBILY, SC.



     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.05.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15444 of 2022                     -2-


                               GOPINATH.P, J
                   ----------------------------------------------
                         WP(C) No.15444 of 2022
                    ----------------------------------------------
                  Dated this the 6th day of May, 2022

                              JUDGMENT

The petitioner has approached this Court challenging the

recovery proceeding initiated by the first respondent for recovery of a

housing loan availed by him.

2. The learned Standing counsel for the first respondent would

submit that the tenure of the loan is to expire in the month of April

2023 and the petitioner can be given an opportunity to clear the entire

liability by paying the same in 12 equal monthly installments.

3. The learned counsel appearing for the petitioner submits

that he is agreeable to the said proposition.

Accordingly, this writ petition will stand disposed of directing

that the petitioner shall be given an opportunity to clear the entire

outstanding amount in respect of the housing loan availed by him from

the first respondent by paying it off in 12 equal monthly installments

along with any accrued interest.

The first installment shall be paid on or before 30-05-2022 and

the subsequent installments shall be paid on or before the 30 th day of

every succeeding month.

In the event of any default, it will be open to the first respondent

to proceed against the petitioner in accordance with the law.

The writ petition is disposed of accordingly.

Sd/-

GOPINATH P.

                                                          JUDGE

amk




                     APPENDIX OF WP(C) 15444/2022



PETITIONER'S      EXHIBITS :

Exhibit P1        A TRUE COPY OF THE NOTICE DATED 12.11.2019
                  ISSUED BY THE 2ND RESPONDENT

Exhibit P2        A TRUE COPY OF THE NOTICE DATED 12.04.2022
                  ISSUED BY THE ADVOCATE COMMISSIONER