Surakumar V vs Hdfc Bank
2023 Latest Caselaw 1848 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 42790 OF 2022
PETITIONER:

          SURAKUMAR V
          AGED 56 YEARS, S/O VISWAMBARAN NAIR
          'LEKSHMI', THOTTUMPURAM, KADUVAPARA, PALODE,
          PACHA P.O., THIRUVANANTHAPURAM - 695562.

          BY ADV ARUNIMA N.R.


RESPONDENTS:

    1     HDFC BANK, HDFC HOUSE, VAZHUTHACAUD,
          POST BOX NO.2288, THIRUVANANTHAPURAM-695010,
          REPRESENTED BY ITS MANAGER.

    2     AUTHORISED OFFICER, HDFC BANK
          HDFC HOUSE, VAZHUTHACUAD, POST BOX NO. 2288,
          THIRUVANANTHAPURAM - 695010.

          BY ADVS.
          PRAJEESH CHACKO
          AMBILY S
          K.K.CHANDRAN PILLAI (SR.)(C-41)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42790 OF 2022

                                      2

                               T.R. RAVI, J.
               --------------------------------------------
                      W.P.(C) No.42790 of 2022
                   --------------------------------------------
             Dated this the 01st day of February, 2023

                              JUDGMENT

See order dated 30.01.2023. The counsel for the petitioner

submits that the petitioner will not be in a position to pay the

overdue amounts by instalments beginning from February, 2023.

Since the petitioner had approached this Court earlier also it will

not be appropriate for this Court to show any further indulgence.

In such circumstances, this writ petition is disposed of

permitting the petitioner to pay the overdue amount of

Rs.3,74,170/- in six equal monthly instalments, the 1 st instalment

becoming payable on or before 02.03.2023 and the subsequent

instalments becoming payable on or before the 2 nd day of the

succeeding months. The petitioner shall also pay the regular

monthly instalments along with the instalments towards the

overdue amount. If the petitioner makes a single default in the

payment of the instalments as directed above, the Bank will be at

liberty to proceed with further steps for recovery.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 42790 OF 2022

APPENDIX OF WP(C) 42790/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 24-06-2022 IN WP (C) NO.13019 OF 2022 OF THE HON'BLE HIGH COURT OF KERALA.

Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 31-08-2022 IN W.P.( C ) NO.27967/2022 OF THE HONOURABLE HIGH COURT OF KERALA.

Exhibit P3 ACCOUNT STATEMENT OF V. SURA KUMAR IN A/C NO.632934547.

Exhibit P4 THE TRUE COPY OF THE SALARY SLIP OF SURA KUMAR FOR THE MONTH OF SEPTEMBER 2022 ISSUED BY SR. AUDIT OFFICER,OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT-I).

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 21-12- 2022,ISSUED BY SENIOR AUDIT OFFICER, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT -I),THRISSUR

Exhibit P6 THE TRUE COPY OF THE NOTICE DATED 20-12-2022 ISSUED BY THE ADVOCATE'S COMMISSIONER.