K N Ajayakumar vs Housing Development Financing ...
2023 Latest Caselaw 4576 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. 9293 OF 2023


PETITIONER:

          K N AJAYAKUMAR
          AGED 54 YEARS, S/O.NARAYANAN,
          KALANI HOUSE, CHIRAKUNNU,
          THRISSUR, PIN - 680581

          BY ADVS.
          C.A.ANOOP
          R.KRISHNA
          VANESHA VISWAMBARAN



RESPONDENTS:

    1     HOUSING DEVELOPMENT FINANCING CORPORATION LIMITED
          REPRESENTED BY CHIEF EXECUTIVE OFFICER
          RAMON HOUSE, HT PAREKH MARG,
          169 BACKBAY RECLAMATION, CHURCH GATE,
          MUMBAI-400020.

    2     MANAGER, HDFC LTD
          3RD FLOOR, CENTRAL POINT BUILDING,
          MG ROAD, THRISSUR-680001.

    3     ARUN KUMAR NARAYAN,
          AUTHORISED OFFICER
          HDFC HOUSE, POST BAG NO. 1667,
          RAVIPURAM JUNCTION, M.G.ROAD,
          KOCHI, PIN - 682015

          BY ADVS.
          B.RAMAN PILLAI (SR.)
          AMBILY S
          K.K.CHANDRAN PILLAI (SR.)(C-41)


     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. 9293 OF 2023
                                     2



                               T.R. RAVI, J.
                --------------------------------------------
                        W. P. (C). No.9293 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

Standing Counsel for the respondents on instructions submits that as on

20.03.2023, the overdue amount comes to ₹2,70,737/-.

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. 9293 OF 2023

APPENDIX OF WP(C) 9293/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICES DATED 08/06/2022

Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICES DATED 28/06/2022

Exhibit P3 THE TRUE COPY OF THE ORDER OF CHIEF JUDICIAL MAGISTRATE COURT DATED 25/10/2022