Dilara vs Aadhar Housing Finance Limited
2023 Latest Caselaw 7833 Ker

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR. JUSTICE T.R.RAVI
          Wednesday, the 26th day of July 2023 / 4th Sravana, 1945

                 IA.NO.1/2023 IN WP(C) NO. 9484 OF 2023(I)

PETITIONER/PETITIONER IN WP(C):

     DILARA, AGED 34 YEARS, W/O. FRIGIL, SANOJ BHAVAN, KIZHAKKANGLA
     KULAMADA, KOLLAM - 695 603.

RESPONDENT/RESPONDENT IN WP(C):

     AADHAR HOUSING FINANCE LIMITED REP. BY ITS AUTHORISED OFFICER, DOOR
     NO. 17/1680[7], 3RD FLOOR, MANSIONS, CHELSMA HEIGHTS, CHENGALLOOR
     JUNCTION, POOJAPPURA, THIRUVANANTHAPURAM - 695 012.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant two month
time from 18-07-2023 to pay overdue amount with regular EMI's of April,
2023 to July, 2023 as directed by this Hon'ble Court as per judgement
dated 20-03-2023 and to comply with the remianing part of the directions
contained therein, in the interests of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's order
judgment dated 20/03/2023 upon hearing the arguments of SRI.R.KRISHNAKUMAR
(CHERTHALA), Advocate for the petitioner in IA/WP(C) and of M/S. A.SURESH,
RASSAL JANARDHANAN A., THAREEQ ANVER K. & GOVIND G. NAIR, Advocates for
the respondent in IA/WP(C), the court passed the following:
                                    T.R. RAVI, J.
                    --------------------------------------------
                            W. P. (C). No. 9484 of 2023
                     --------------------------------------------
                       Dated this the 26th day of July, 2023

                                       ORDER

I.A. No.1 of 2023

This application is filed seeking extension of time for paying

the overdue amounts in instalments. The extension is sought for

two months from 18.07.2023. The counsel for the respondent

submits that the Bank is willing to concede to the above request on

condition that they will be entitled to proceed with steps for

recovery if the petitioner makes a single default.

In the above circumstances, I.A. is allowed. The period for

paying the instalment is extended by two months. The direction in

the judgment permitting the Bank to proceed against the petitioner

in case of two consecutive defaults is modified and it is made clear

that the respondent will be entitled to proceed against the petitioner

for recovery, if there is a single default in the payment of

instalments.

Sd/-

T.R. RAVI JUDGE

Pn

26-07-2023 /True Copy/ Assistant Registrar