Vinodini Jayachandran vs M/S.Sundaram B.N.P. Paribas Home ...
2023 Latest Caselaw 3714 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
                 IA.NO.1/2023 IN WP(C) NO. 43009 OF 2022(A)
PETITIONER/PETITIONER:

     VINODINI JAYACHANDRAN, AGED 45 YEARS, W/O.JAYACHANDRAN,
     VALAMPARAMBIL HOUSE, VAIGO NOCHIMA, NAD P.O., KALAMASSERY,
     ERNAKULAM, PIN - 683 563

RESPONDENT/RESPONDENT:

     M/S.SUNDARAM B.N.P. PARIBAS HOME FINANCE LTD., FORMERLY KNOWN AS
     SUNDARAM FINANCE LTD., SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI-600
     004, REP. BY THE AUTHORISED OFFICER, AREA OFFICE, SECOND FLOOR,
     ELIZABETH MEMORIAL BUILDING, MARINE DRIVE, KOCHI, ERNAKULAM
     DISTRICT, PIN - 682 031


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant 60 days time
to the petitioner to vacate and handover possession of the secured assets
to the authorized officer of the respondent financial institution.




     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this courts judgment dated
04/01/2023 and upon hearing the arguments of M/S.BABY THOMAS,
V.B.NARAYANAN, INDRAJITH S KAIMAL & ALICIA JOSE, Advocates for the
petitioners in IA/WP(C) and of SRI.VARGHESE C KURIAKOSE, STANDING COUNSEL
for respondent in IA/WP(C), the court passed the following:
                                  GOPINATH P., JUDGE.
                    ---------------------------------------------------------
                                      I.A.No.1 of 2023
                                               in
                               W.P.(C)No.43009 of 2022
                   -----------------------------------------------------------
                       Dated this the 29th day of March, 2023

                                           ORDER

This is an application to grant sixty days time to handover vacant

possession of the secured asset to the authorized officer of the

respondent Financial Institution. It is submitted that the petitioner was

unable to comply with the conditions of payment as set out in the

judgment and therefore, the petitioner has no other option but handover

the secured asset.

2. The learned counsel for the petitioner in the Interlocutory

Application would submit that the matters which compel the Court to

exercise discretion in favour of the petitioner, as stated in the judgment,

is itself a ground to grant some extension of time. Though the request

for extension of time is stoutly opposed by the learned counsel appearing

for the respondent Financial Institution, considering the circumstances

which compelled this Court to exercise discretion in favour of the writ

petitioner, I am inclined to grant time till 30.4.2023 to the petitioner to

handover the vacant possession of the secured assets to the authorized

officer of the respondent Financial Institution.

The Interlocutory Application is dispose of accordingly.

Sd/-

GOPINATH P.

JUDGE acd

29-03-2023 /True Copy/ Assistant Registrar