K.Madhu vs M/S Gic Housing Finance Ltd
2023 Latest Caselaw 3842 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 6268 OF 2023
PETITIONER:

          K.MADHU,
          AGED 56 YEARS
          S/O GOPI, GIFT OF GOD, KUZHIVILAKATHU VEEDU,NEAR ST.
          ANTONY CHURCH, NEYYAR DAM P.0, KALLIKADU,
          THIRUVANANTHAPURAM-, PIN - 695572

          BY ADVS.
          JIBU P THOMAS
          V.P.BIJI



RESPONDENT:

          M/S GIC HOUSING FINANCE LTD,
          REPRESENTED BY ITS AUTHORIZED OFFICER, P.T.C TOWER,1
          FLOOR, S.S KOVIL ROAD, THAMPANUR, THIRUVANANTHAPURAM-,
          PIN - 695001

          BY ADVS.
          K.J.SAJI ISAAC, SC
          JITHIN SAJI ISAAC
          ELIZABETH VARKEY
          AJEESH EMMANUEL
          SHAMSUDEEN O.K.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6268 OF 2023                    2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.6268 of 2023
               --------------------------------------------
                Dated this the 30th 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

respondent in easy instalments and to regularise the loan account.

The Standing Counsel on instructions submits that the overdue

amount is Rs.10,86,000/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.10,86,000/- in 15 equal monthly instalments, the first instalment

falling due on or before 30.04.2023 and the subsequent instalments

falling due on or before the 30 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 respondent shall

regularise the loan account. If the petitioner makes 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

LEK

APPENDIX OF WP(C) 6268/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE VERIFICATION REPORT DATED 04.11.2022 ISSUED BY THE SENIOR ACCOUNTS OFFICER, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, THIRUVANANTHAPURAM

Exhibit-P2 TRUE PHOTO COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 24.02.2023