Citation : 2023 Latest Caselaw 4852 Ker
Judgement Date : 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13802 OF 2023
PETITIONER:
JINU.K
AGED 31 YEARS
S/O. KAMALASANAN.P, K.U.SADANAM, PADAPPARAKKAVILA VEEDU,
PLAMOOTTUKADA P.O, KARODE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695122.
BY ADVS.
ANWIN JOHN ANTONY
JERRY MATHEW
NITHIN S.
RESPONDENTS:
1 REPCO HOME FINANCE LTD.
TRIVANDRUM BRANCH, 1ST FLOOR, TC 25/1655(6), REMA PLAZA,
SS KOVIL ROAD, THAMBANOOR, THIRUVANANTHAPURAM, PIN -
695001 REPRESENTED BY ITS AUTHORISED OFFICER.
2 AUTHORISED OFFICER
REBCO HOME FINANCE LTD., TRIVANDRUM BRANCH, 1ST FLOOR,
TC 25/1655(6), REMA PLAZA, SS KOVIL ROAD, THAMBANOOR,
THIRUVANANTHAPURAM, PIN - 695001.
BY ADV P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13802 OF 2023
2
T.R. RAVI, J.
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W.P.(C) No.13802 of 2023
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Dated this the 13th day of April, 2023
JUDGMENT
The prayer in the writ petition is to permit the petitioner to
pay off the overdue amounts in the loan account availed from the
respondents in easy instalments and to regularise the loan
account. The Standing Counsel on instructions submits that the
overdue amount is Rs.4,00,317/-.
In the above circumstances, the writ petition is disposed of
directing the petitioner to pay off the overdue amount of
Rs.4,00,317/- in 12 equal monthly instalments, the first
instalment falling due on or before 13.05.2023 and the
subsequent instalments falling due on or before the 13 th of the
succeeding months. The petitioner shall also pay the regular
monthly instalments along with the instalments towards the
overdue amount as stated above. If the petitioner pays the entire
overdue amount, the respondents shall regularise the loan WP(C) NO. 13802 OF 2023
account. If the petitioner makes two defaults in the payment of
instalments, the respondents will be at liberty to continue with
coercive steps for recovery. The coercive steps initiated shall be
kept in abeyance to facilitate the payment of instalments as
directed above.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 13802 OF 2023
APPENDIX OF WP(C) 13802/2023
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.03.2023.
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