Govindan Nadar Surendran vs Cholamandalam Investment And ...
2023 Latest Caselaw 5052 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. 4732 OF 2023
PETITIONER:

     1        GOVINDAN NADAR SURENDRAN
              AGED 39 YEARS
              32/294, MELEPLANKALA PUTHEN VEEDU,
              OLATHANNI, NEYYATTINKARA,
              THIRUVANANTHAPURAM, PIN - 695121
              BY ADVS.
              SOORAJ T.ELENJICKAL
              RENOY VINCENT
              HELEN P.A.
              ARUN ROY
              SHAHIR SHOWKATH ALI
              ATHUL ROY

RESPONDENTS:

     1        CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD
              THEKKARA COMMERCIAL CENTRE, 2ND FLOOR, PADIVATTOM,
              ERNAKULAM, PIN - 682024
              REPRESENTED BY ITS BRANCH MANAGER
     2        AUTHORISED OFFICER, CHOLAMANDALAM INVESTMENT AND FINANCE
              COMPANY LTD.
              CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.,
              THEKKARA COMMERCIAL CENTRE, 2ND FLOOR, PADIVATTOM,
              ERNAKULAM., PIN - 682024
              BY ADVS.
              P.V.SARITHA VENUGOPAL
              N.P.RUKSANA(K/329/2015)
              ROHINI P.K.(K/000770/2020)

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.4732 of 2023
                                         2




                            T.R. RAVI, J.
                 ------------------------------------
                    W.P.(C.) No.4732 of 2023
                 ------------------------------------
                Dated this the 13th day of April, 2023

                              JUDGMENT

The petitioner has 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 as on today is

Rs.1,81,943/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.1,81,943/- in fifteen 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 WPC No.4732 of 2023

petitioner pays the entire instalments as

directed above, the respondents shall regularise

the loan account;

ii) The petitioner shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioner makes two defaults 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.4732 of 2023

APPENDIX OF WP(C) 4732/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE HOME LOAN AGREEMENT EXECUTED BETWEEN THE PETITIONER AND RESPONDENT NO.1 DATED 31.10.2020 EXHIBIT P2 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT NO.1 DATED 22.04.2022 EXHIBIT P3 THE TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM IN M.C. NO. 26/2023 DATED 18.01.2023 EXHIBIT P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 28.01.2023 EXHIBIT P5 THE TRUE COPY OF THE SCREENSHOT OF THE SMS RECEIVED BY THE PETITIONER FROM THE RESPONDENT NO.1 EXHIBIT P6 THE TRUE COPY OF THE MEDICAL BILL RECEIPTS ISSUED TO THE PETITIONER'S MOTHER RESPONDENTS' EXHIBITS: NIL TRUE COPY

P.A. TO JUDGE