Kerala High Court
Sajitha Manikandan vs Manappuram Home Finance Ltd on 20 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
WP(C) NO. 29 OF 2023
PETITIONER:
1 MANIKANDAN K K
AGED 48 YEARS
S/O. KARAPPAN , KIZHAKOOT HOUSE,
POOTHARAKKAL P.O, THRISSUR DISTRICT, PIN - 680561
BY ADV MAHESH V.MENON
RESPONDENTS:
1 THE BRANCH MANAGER,
MANAPPURAM HOME FINANCE LIMITED THRISSUR BRANCH,
THIRUVAMBADY P.O, THRISSUR DISTRICT, PIN - 680022
2 THE AUTHORISED OFFICER
MANAPPURAM HOME FINANCE LIMITED THRISSUR BRANCH,
THIRUVAMBADY P.O, THRISSUR DISTRICT, PIN - 680022
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2023, ALONG WITH WP(C).593/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC Nos.29 & 593 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
WP(C) NO. 593 OF 2023
PETITIONER:
1 SAJITHA MANIKANDAN
AGED 45 YEARS
BEHIND BLOCK ADATT, PURANATTUKARA, THRISSUR
PRESENTLY RESIDING AT KIZHAKOOT HOUSE,
PANAMUKKU.P.O, NEDUPUZHA LAKSHAMVEEDU,
KANIMANGALAM VILLAGE, THRISSUR TALUK, PIN - 680017
BY ADV V.C.MADHAVANKUTTY
RESPONDENT:
1 MANAPPURAM HOME FINANCE LTD
THRISSUR BRANCH, NEAR ASWANI HOSPITAL,
OPP. BIG BAZAAR, PIN - 680056
REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2023, ALONG WITH WP(C).29/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC Nos.29 & 593 of 2023
3
T.R. RAVI, J.
------------------------------------
W.P.(C.) Nos.29 & 593 of 2023
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Dated this the 20th day of February, 2023
JUDGMENT
The petitioner in W.P.(C.) No.29/2023 is the
husband and his wife is the petitioner in W.P.(C.)
No.593/2023. Both the writ petition are filed against
the steps taken for recovery of amounts which are owed
to the first respondent. The petitioner in W.P.(C.)
No.29/2023 is the principal borrower. The principal
borrower seeks time to pay off the amounts in easy
instalments.
2. Counsel for the respondent on instructions
submits that the amount overdue is Rs.1,44,137/-.
In the above circumstances, these writ petitions are
disposed of directing the petitioner in W.P.(C.)
No.29/2023 to pay off the amount of Rs.1,44,137/- in
fifteen equal monthly instalments, the first instalment
falling due on or before 20.03.2023, and the
WPC Nos.29 & 593 of 2023
subsequent instalments becoming payable on or before
the 20th day of the succeeding months. The petitioner in
W.P.(C.) No.29/2023 shall also continue to pay the
regular instalments along with instalments towards the
overdue amount. If the petitioner in W.P.(C.)
No.29/2023 pays the entire instalments as directed
above, the respondent shall regularise the loan account
and if he makes a single default in the payment of
instalments as directed above, the 1 st respondent will
be at liberty to continue with the proceedings for
recovery. In case of default, the respondent will be free
to initiate coercive steps against either of the
petitioners.
Sd/-
T.R.RAVI
JUDGE
SKP/20-02
WPC Nos.29 & 593 of 2023
APPENDIX OF WP(C) 29/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY ISSUED BY
THE ADVOCATE COMMISSIONER APPOINTED BY THE
CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED
13.12.2022
RESPONDENTS' EXHIBITS:NIL
WPC Nos.29 & 593 of 2023
APPENDIX OF WP(C) 593/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE
COMMISSIONER IN MC.NO.753/2022 DATED 13.12.2022
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
