Kerala High Court
Wilson Madathil Joseph vs Devan Housing Finance ... on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 32451 OF 2023
PETITIONERS:
1 WILSON MADATHIL JOSEPH
AGED 60 YEARS
S/O JOSEPH, MADATHINAL, MADAKAMPOYIL, PERINGOME,
KANNUR, PIN - 670307
2 JESSY WILSON
AGED 55 YEARS
W/O WILSON MADATHINAL JOSEPH, MADATHINAL,
MADAKKAMPOYIL, PERINGOME, KANNUR, PIN - 670307
BY ADV M.PROMODH KUMAR
RESPONDENTS:
1 DEVAN HOUSING FINANCE CORPORATION LIMITED
1ST FLOOR, KMM BUILDING , PALARIVATTOM, KOCHI ,
REPRESENTED BY VP AND HEAD LOAN OPERATIONS, PIN -
682035
2 AUTHORISED OFFICER
PIRAMAL CAPITAL AND HOUSING FINANCE LTD.(PCHFL), KANNUR
BRANCH, KANNUR P O, PIN - 670002
OTHER PRESENT:
P PAULOCHAN ANTONY,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32451 OF 2023
2
K.BABU, J.
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WP(C).No.32451 of 2023
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Dated this the 19th day of October, 2023
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:-
"(i) To call for the records leading to Ext.P1 to P4 and issue a
writ of mandamus, any other appropriate writ, order or
direction directing the 1st and 2nd respondents to consider
Ext.P4 request and also permit the petitioners to sell certain
portion of the mortgaged property and clear the loan amount
covered by Ext.P1.
(ii) Issue a writ of mandamus or any other appropriate writ
order or direction directing 1st and 2nd respondents to grant
instalment facilities in respect of the loan account No.3146
sanctioned by the 1st respondent.
(iii) Petitioners may be permitted to dispense wit the filing of
the translation of the documents in the vernacular language in
the interest of justice.
(iv) Grant such other reliefs which this Hon'ble Court may
deem fit and necessary to grant in the facts and circumstances
of the case."
2. Heard both sides.
3. The learned Standing Counsel for the respondent Bank, upon
instructions, submits that the Bank is agreeable to permit the petitioners
to remit the overdue amount of Rs.17,48,297/- in instalments provided
the petitioners remit Rs.2,00,000/- on or before 31.10.2023. The
petitioners are agreeable to the suggestion.
WP(C) NO. 32451 OF 2023
4. In the above circumstances, the Writ Petition is disposed of
with the following directions:-
(i) The petitioners shall remit Rs.2,00,000/- on or
before 31.10.2023.
(ii) The petitioners shall remit the remaining
overdue amount with any accrued interest and
charges in twelve equal monthly instalments.
(iii) The first instalment shall be paid on or before
30.11.2023 and subsequent instalments shall be paid
on the last working day of every succeeding month.
(iv) The petitioners shall continue to pay the regular
EMIs in terms of the contract.
(v) In the event of default of any one instalment, the
respondent Bank is entitled to proceed in accordance
with law.
(vi) The proceedings initiated under the SARFAESI
Act against the petitioners shall be kept in abeyance
to facilitate repayment as stated above.
Sd/-
K.BABU,
JUDGE
saap
WP(C) NO. 32451 OF 2023
APPENDIX OF WP(C) 32451/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FORMAL LETTER ISSUED BY THE
1ST RESPONDENT SANCTIONING THE LOAN
Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT GIVEN
BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTICE DATED 19.01.2022
ISSUED BY THE 2ND RESPONDENT
Exhibit 4 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 1ST AND 2ND
RESPONDENT
//True copy//PA to Judge
