Best Gas Agencies vs M/S. Tata Capital Housing Finance ...
2023 Latest Caselaw 1849 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                      WA NO. 205 OF 2023
  JUDGMENT DATED 14.09.2022 IN WP(C) 2910/2022 OF HIGH
COURT OF KERALA AS MODIFIED BY ORDER DATED 21.12.2022 IN
              IA NO.4/2022 IN WP(C) 2910/2022
APPELLANT/PETITIONER:

         BEST GAS AGENCIES, AGED 45 YEARS
         PALLIVALAVU, MATHILAKOM P.O.
         THRISSUR - 680685, REP. BY ITS MANAGING PARTNER,
         FAZAL P.A., S/O. LATE ABDUL KHADER

         BY ADVS.
         DINESH R.SHENOY
         SILESH S. PRABHU
         A.JOSEPH GEORGE



RESPONDENT/RESPONDENT:

         M/S. TATA CAPITAL HOUSING FINANCE LTD.,
         REP. BY ITS AUTHORISED OFFICER AND REGIONAL
         COLLECTION MANAGER, HARIHARAPRASAD N., AGED 44
         YEARS, GROUND FLOOR, JAIN TOWER II, NH 17, NEAR
         LULU MALL, EDAPPALLY, KOCHI - 682024

         BY ADV P.PAULOCHAN ANTONY


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.02.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WA NO. 205 OF 2023

                                   ..2..




                                 JUDGMENT

A. MUHAMED MUSTAQUE, J.

The appellant, a borrower from the respondent

herein, made a request to reschedule the

overdue arrears in 20 instalments. The learned

counsel for the appellant submits that the

appellant is willing to repay the overdue

amount along with regular equated monthly

instalments.

2. We requested Sri.P.Paulochan Antony, the

learned counsel for the respondent, to

consider the matter leniently, allowing the

appellant to repay the overdue amount of

Rs.31,50,598/- as on today, in instalments.

However, the learned counsel submits that the

request cannot be acceded to.

3. Having considered the facts and circumstances,

we are of the view that the overdue amount of

Rs.31,50,598/- (Rupees thirty one lakh fifty WA NO. 205 OF 2023

..3..

thousand five hundred and ninety eight only)

as on today, shall be repaid along with

regular equated monthly instalments within

31.03.2024, first of which shall be paid this

month, i.e., February, 2023. All other

conditions in the judgment and order impugned

in this appeal would bind on the

appellant/borrower. In the event of the

appellant committing default in repayment as

above, the benefit of instalment will be

forfeited and the respondent will be free to

proceed forthwith in accordance with law.

The writ appeal is disposed of, as above.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-