Sajimon V.S vs The Housing Development Finance ...
2023 Latest Caselaw 3853 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. 10912 OF 2023
PETITIONERS:

    1     SAJIMON V.S
          AGED 41 YEARS
          S/O SASIDHARAN K
          MATHARU PARAMBU, ASHRAMAM WARD, AVULUKKUNNU P.O.,
          ALAPPUZHA DISTRICT, PIN - 688006

    2     UMA UDAYAN
          AGED 31 YEARS
          W/O SAJIMON V.S MATHARU PARAMBU, ASHRAMAM WARD,
          AVULUKKUNNU P.O., ALAPPUZHA DISTRICT, PIN - 688006

          BY ADVS.
          S.SHANAVAS KHAN
          S.INDU
          KALA G.NAMBIAR



RESPONDENTS:

    1     THE HOUSING DEVELOPMENT FINANCE CORPORATION LTD (HDFC)
          THIRUVALLA BRANCH, ILLAMPALLIL BUILDING RAMANCHIRA, MC
          ROAD THIRUVALLA, PATHANAMTHITTA PIN - 689101
          REPRESENTED BY ITS BRANCH MANAGER

    2     THE AUTHORISED OFFICER
          HOUSING DEVELOPMENT FINANCE CORPORATION LTD HDFC HOUSE,
          3RD FLOOR , RAVIPURAM JUNCTION, M.G.ROAD, KOCHI, PIN -
          682015

          BY ADVS.
          K.K.CHANDRAN PILLAI (SR.)
          S.AMBILY




     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. 10912 OF 2023                2




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C).No.10912 of 2023
               --------------------------------------------
                Dated this the 30th 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

respondents in easy instalments and to regularise the loan account.

The Standing Counsel on instructions submits that the overdue

amount is Rs.8,20,000/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.8,20,000/- in 12 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

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 respondents shall

regularise the loan account. If the petitioners make a single default in

the payment of instalments, the respondents will be at liberty to

continue with coercive steps for recovery. If the petitioners commit

default the respondents will be entitled to continue with the

proceedings from the stage of Section 14. For this purpose the Chief

Judicial Magistrate shall keep the M.C.No.708/2022 pending.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 10912/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 16/09/2022 ISSUED BY ADVOCATE COMMISSIONER IN M.C.NO186/2021 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE'S COURT, ALAPPUZHA

Exhibit P2 TRUE COPY OF THE NOTICE DATED 07/03/2023 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO.708/2022 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE'S COURT, ALAPPUZHA