Senthil. V. J vs The Sundaram Home Finance Limted
2023 Latest Caselaw 2817 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. 5555 OF 2023
PETITIONER:

              SENTHIL. V. J
              AGED 42 YEARS, S/O V.L.JOSE,
              RESIDING AT VENATTUPARAMBIL HOUSE, MELEPPURAM,
              PUTHENKAVU P.O, CHENGANNUR, ALAPPUZHA DISTRICT,
              PIN - 689123.

              BY ADVS.
              V.SETHUNATH
              V.R.MANORANJAN (MUVATTUPUZHA)
              SREEGANESH U.
              OBEID ABDUL MAJEED


RESPONDENTS:

     1        THE SUNDARAM HOME FINANCE LIMTED
              KAYAMKULAM BRANCH, REPRESENTED BY ITS CHIEF MANAGER
              2ND FLOOR, CENTRE POINT, K.P.ROAD, KAYAMKULAM.P.O,
              ALAPPUZHA DISTRICT,PIN - 690502.
     2        THE AUTHORISED OFFICER (CHIEF MANAGER)
              SUNDARAM HOME FINANCE LIMTED, NO.21, PATULLOS ROAD,
              CHENNAI, PIN - 600002.

              BY ADV VARGHESE C.KURIAKOSE


     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. 5555 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.5555 of 2023
                     --------------------------------------------
                Dated this the 01st day of March, 2023

                                JUDGMENT

The prayer in the writ petition is to permit the petitioner to

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

respondents in easy instalments and to regularise the loan

account. The Standing Counsel on instructions submits that the

overdue amount is Rs.6,58,094/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.6,58,094/- in 15 equal monthly instalments, the first

instalment falling due on or before 29.03.2023 and the

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

succeeding months. The petitioner shall also pay the regular

monthly instalments along with the instalments towards the

overdue amount as stated above. If the petitioner pays the

entire overdue amount, the respondents shall regularise the loan WP(C) NO. 5555 OF 2023

account. If the petitioner makes two defaults in the payment of

instalments, the respondents 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. 5555 OF 2023

APPENDIX OF WP(C) 5555/2023

PETITIONER'S EXHIBITS

ExhibitP1 THE TRUE COPY OF THE LOAN ACCOUNT STATEMENT IN LOAN ACCOUNT NUMBER IN 73000143 1 FROM 23-08-2013 TO 30-04-2022.

ExhibitP2 THE TRUE COPY OF THE LETTER DATED 7-3-2022 ISSUED BY THE RESPONDENTS.

ExhibitP3 TRUE COPY OF THE NOTICE DATED 8-6-2022 ISSUED BY THE RESPONDENTS.

ExhibitP4 TRUE COPY OF THE NOTICE LAWYER'S NOTICE DATED 8-7-2022.

ExhibitP5 THE TRUE COPY OF THE RECALL NOTICE DATED 1-10-2022 ISSUED BY THE RESPONDENTS. ExhibitP6 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS DATED 28-07-2022.

ExhibitP7 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS DATED 1-8-2022.

ExhibitP8 TRUE COPY OF THE O.T.S PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 23-12-2022.