Sanoop Joseph vs The Authorised Officer, Icici ...
2023 Latest Caselaw 5033 Ker

                    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. 4803 OF 2023
PETITIONERS:

     1       SANOOP JOSEPH
             AGED 40 YEARS
             S/O.JOSEPH
             NADUNILATHIL HOUSE, NADAVAYAL P.O,
             PANAMARAM, WAYANAD, KERALA STATE, PIN - 673121
     2       SILJA.S
             AGED 35 YEARS
             W/O SANJOOP JOSEPH,
             RESIDING AT NADUNILATHIL HOUSE,
             NADAVAYAL.P.O, PANAMARAM, WAYANAD,
             KERALA STATE, PIN - 673121
             BY ADVS.
             PRATHAP. S.R.K.
             MAHENDRAKUMAR K.
             ANN OLIVIA VALLAVANADAN


RESPONDENTS:

     1       THE AUTHORISED OFFICER, ICICI BANK LIMITED
             PEEKEYS ARCADE, NEAR BUS STAND,
             DOWNHILL, MALAPPURAM DISTRICT,
             KERALA, PIN - 676519
     2       THE BRANCH MANAGER, ICICI BANK LIMITED,
             PEEKEYS ARCADE, NEAR BUS STAND,
             DOWNHILL, MALAPPURAM DISTRICT,
             KERALA, PIN - 676519
     3       THE AUTHORISED OFFICER,
             PIRAMAL CAPITAL & HOUSING FINANCE LTD
             (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LTD)
             DOOR NO. TV 33/363 N, 2ND FLOOR,
             GRAND PLAZA, FORT ROAD,
             KANNUR, PIN - 670001
             BY ADV PRADEESH CHACKO

     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.4803 of 2023
                                       2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.4803 of 2023
               ------------------------------------
              Dated this the 13th day of April, 2023

                            JUDGMENT

The petitioners have approached this Court

seeking permission to pay off the liabilities to the

respondent bank in easy instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.5,64,399/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioners shall pay the overdue amount of

Rs.5,64,399/- in twelve equal monthly

instalments, the first instalment becoming

payable on or before 13.05.2023 and the

subsequent instalments payable on or before

the 13th day of the succeeding months. If the

petitioners pay the entire instalments as WPC No.4803 of 2023

directed above, the respondents shall regularise

the loan account;

ii) The petitioners shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioners make a single default in the

payment of the instalments as directed above,

the respondents will be at liberty to continue

with the proceedings for recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/13-04 WPC No.4803 of 2023

APPENDIX OF WP(C) 4803/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEED NO. 2083/2017 REGISTERED IN SUB REGISTRY OFFICE, KALPETTA EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BEARING NO:

L6327697 DATED 01/11/2017 ISSUED BY THE VILLAGE OFFICER MUTTIL VILLAGE EXHIBIT P3 TRUE COPY OF THE LETTER DATED 23/03/2022 ISSUED BY THE AUTHORIZED SIGNATORY OF 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 06/01/2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 14/03/2022 PREFERRED BY THE PETITIONERS TO THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE