Salim Raj vs Authorised Officer
2023 Latest Caselaw 2810 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. 6007 OF 2023
NAME AND ADDRESS OF THE PETITIONERS:

     1     SALIM RAJ
           AGED 45 YEARS
           S/O MOHAMMED KUNJU, CHAVADIPARAMBU, ALAPPUZHA HEAD P.O,
           VAZHICHERRI, ALAPPUZHA - 688001.
     2     SHAHIDA
           AGED 44 YEARS
           W/O SALIM RAJ CHAVADIPARAMBU, ALAPPUZHA HEAD P.O,
           VAZHICHERRI, ALAPPUZHA - 688001.

           BY ADV S.SUJINI


NAME AND ADDRESS OF THE RESPONDENT:

           AUTHORISED OFFICER
           HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,
           HDFC HOUSE, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI -
           682015.

           BY ADVS.
           AMBILI S
           LAKSHMI ANIL(K/002184/2022)
           K.K.CHANDRAN PILLAI (SR.)(C-41)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6007 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.6007 of 2023
                     --------------------------------------------
                Dated this the 01st day of March, 2023

                                JUDGMENT

The prayer in the writ petition is to permit the petitioners

to pay off the overdue amounts in the loan account availed from

the respondent in easy instalments and to regularise the loan

account. The Counsel for the respondent on instructions submits

that the overdue amount is Rs.5,97,960/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.5,97,960/- in 10 equal monthly instalments, the first

instalment falling due on or before 29.03.2023 and the

subsequent instalments falling due on or before the 29th day of

the succeeding months. The petitioners shall also pay the

regular monthly instalments along with the instalments towards

the overdue amount as stated above. If the petitioners pay the

entire overdue amount, the respondent shall regularise the loan WP(C) NO. 6007 OF 2023

account. If the petitioners make a single default in the payment

of instalments, the respondent will be at liberty to continue with

coercive steps for recovery. The coercive steps initiated shall be

kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 6007 OF 2023

APPENDIX OF WP(C) 6007/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND DRAFT DATED 26.05.2022 EVIDENCING PAYMENT OF RS. 2,00,000/-INTO THE LOAN ACCOUNT.

Exhibit P2 TRUE COPY OF THE DEMAND DRAFT DATED 01.08.2022 EVIDENCING PAYMENT OF RS. 30,000/-INTO THE LOAN ACCOUNT.

Exhibit P3 TRUE COPY OF THE UNDATED DEMAND NOTICE SERVED BY THE RESPONDENT BANK U/S 13(2) OF THE SARFEASI ACT ,2002.

Exhibit P4 TRUE COPY OF THE NOTICE SERVED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE'S COURT, ALAPPUZHA IN MC NO. 723/2022 .