Eldhose John vs Gic Housing Finance Ltd
2023 Latest Caselaw 4486 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 8155 OF 2023


PETITIONER:

          ELDHOSE JOHN,
          AGED 33 YEARS, S/O. JOHN V.K,
          VALIYAKATHOOTTU HOUSE, THAMMANIMATTOM,
          CHIRABATTUPADY, RAMAMANGALAM VILLAGE,
          THAMMANIMATTOM TALUK, ERNAKULAM, PIN - 686663

          BY ADVS.
          KRUSCH P.A
          J.RAMKUMAR



RESPONDENTS:

    1     GIC HOUSING FINANCE LTD.,
          1ST FLOOR, DOOR NO.XL/5396-A,
          ELIAS CHAMBERS NEXT TO SARITHA THEATRE,
          BANERJI ROAD, KOCHI, ERNAKULAM, PIN - 682018
          REPRESENTED THROUGH ITS AUTHORIZED OFFICER.

    2     AUTHORISED OFFICER,
          GIC HOUSING FINANCE LTD,
          1ST FLOOR, DOOR NO. XL/5396-A,
          ELIAS CHAMBERS NEXT TO SARITHA THEATRE,
          BANERJI ROAD, KOCHI, ERNAKULAM, PIN - 682018

          BY ADV T.R.RAJAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8155 OF 2023
                                     2



                              T.R. RAVI, J.
               --------------------------------------------
                       W. P. (C). No.8155 of 2023
                --------------------------------------------
                  Dated this the 12th day of April, 2023

                               JUDGMENT

The petitioner has approached this Court seeking permission to pay

off the amounts due to the respondent Bank in easy instalments. The

counsel for the respondents on instructions submits that the overdue

amount comes to ₹8,46,333/-.

In the above circumstances, this writ petition is disposed of

permitting the petitioner to pay off the overdue amount in 15 equal

monthly instalments, the 1st instalment falling due on or before

12.05.2023 and the subsequent instalments falling due on or before 12 th

of the succeeding months. The petitioner shall pay the regular monthly

instalments along with the instalments towards the overdue amounts. If

the petitioner pays the entire instalments as directed above, the

respondents shall regularise the loan account. If the petitioner makes

two defaults in payment of instalments, the respondents are at liberty to

proceed with the recovery. Steps for recovery shall be kept in abeyance

to facilitate the payment of instalments.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 8155 OF 2023

APPENDIX OF WP(C) 8155/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT