Abraham vs Authorised Officer
2023 Latest Caselaw 2785 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                             WP(C) NO. 6973 OF 2023
PETITIONERS:

     1        ABRAHAM
              AGED 44 YEARS
              S/O SOLOMAN, KANJIRAKKADAN, ENGAPUZHA VILLAGE,
              KOZHIKODE, PIN - 673027
     2        JESMOLI
              AGED 40 YEARS
              W/O ABHRAHAM,KANJIRAKKADAN, ENGAPUZHA VILLAGE,
              KOZHIKODE, PIN - 673027
              BY ADVS.
              RAFEEK. V.K.
              SAIJO HASSAN
              BENOJ C AUGUSTIN
              SALMAN FARIS
              U.M.HASSAN

RESPONDENT:

     1        AUTHORISED OFFICER
              M/S. SUNDHARAM HOME FINANCE LTD.
              (FORMELY KNOWN AS SUNDARAM BNP PARIBAS HOME FINANCE LTD)
              SUNDARAM TOWERS,46,WHITES ROAD, CHENNAI, PIN - 600014
              BY ADV AMBILY S

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.6973 of 2023
                                     2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.6973 of 2023
               ------------------------------------
             Dated this the 01st day of March, 2023

                            JUDGMENT

The petitioners have approached this Court

seeking permission to pay off the amount in easy

instalments.

2. The Standing Counsel on instruction submits

that a sum of Rs.18,94,585/- is the outstanding

amount and that the period of the loan itself will

expire in August, 2023.

In the above circumstances, this writ petition is

disposed of with the following directions:-

i) The petitioners shall pay a sum of Rs.5,00,000/-

on or before 29.03.2023 and the balance

outstanding amount along with accrued

interest shall be paid in seven equal monthly

instalments, 1st instalment becoming payable on WPC No.6973 of 2023

or before 29.04.2023 and the subsequent

instalments becoming payable on or before the

29th day of every succeeding months;

ii) If the petitioners make single default in the

payment of the instalments as directed above,

the respondent is at liberty to continue with

coercive steps for recovery;

iii) The coercive steps initiated shall be kept in

abeyance to facilitate the petitioners to pay the

amounts in instalments as directed above.

The above directions will not preclude the

petitioners from approaching the bank for One Time

Settlement.

Sd/-

T.R.RAVI JUDGE SKP/01-03 WPC No.6973 of 2023

APPENDIX OF WP(C) 6973/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 05.11.2022 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE EXHIBIT P2 TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 13.02.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE