Vibinraj C vs Manappuram Home Finance Ltd
2023 Latest Caselaw 5471 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                       WP(C) NO. 14790 OF 2023
PETITIONER/PETITIONER:

            VIBINRAJ C.
            AGED 30 YEARS,
            S/O. BINDHU C.K,
            CHATHAN KOTTU, KOOTHALI,
            PERAMBRA, KOZHIKODE - 673 525.

            BY ADVS.
            S.K.ADHITHYAN
            BALAMURALI KRISHNA M.


RESPONDENTS/RESPONDENTS:

    1       MANAPPURAM HOME FINANCE LTD.
            KOZHIKODE BRANCH, INTERCITY ARCADE,
            NEAR BHIMA JEWELLERY, MAVOOR ROAD,
            KOZHIKODE - 673 004
            REPRESENTED BY ITS BRANCH HEAD AND
            AUTHORIZED SIGNATORY.
    2       SUNIL KUMAR
            AGED 50 YEARS,
            S/O. BALAN
            THE BRANCH HEAD AND AUTHORIZED SIGNATORY,
            MANAPPURAM HOME FINANCE LTD.,
            KOZHIKODE BRANCH, INTERCITY ARCADE,
            NEAR BHIMA JEWELLERY, MAVOOR ROAD,
            KOZHIKODE - 673 004.

            SRI. C. HARIKUMAR - SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14790 OF 2023

                                  2




                              JUDGMENT

The petitioner has availed a loan from the 1 st

respondent. The petitioner defaulted the payment

of installments. Accordingly, the Advocate

Commissioner has issued Ext.P2 notice stating that

the possession of the secured assets will be taken

on 28.03.2023. Challenging Ext.P2, the petitioner

has approached this Court.

2. Sri.C.Harikumar, the learned Standing

Counsel for the 1st respondent submits that, the 1st

respondent is willing to regularise the loan account

provided the petitioner remits the outstanding

amount of Rs.3,04,656/- in fifteen equal monthly

installments commencing from 15.05.2023 along

with regular EMIs.

WP(C).No.14790 OF 2023

3. The learned counsel for the petitioner

submits that the petitioner is willing to pay the

installments as aforesaid.

4. The petitioner shall remit the amount of

Rs.3,04,656/- in fifteen equal monthly installments

commencing from 15.05.2023 along with regular

EMIs. In case the petitioner makes default in

payment of any of the installments as aforesaid, the

respondents will be free to proceed in terms of

Ext.P2 notice.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.14790 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE IN CMP NO.54/2023. EXHIBIT P2 NOTICE SENT BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

RESPONDENTS EXHIBITS: NIL.