Jalal C P vs Sundaram Home Finance Ltd
2023 Latest Caselaw 10404 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE K. BABU
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                        WP(C) NO. 32124 OF 2023
PETITIONERS:

    1       JALAL C P
            AGED 57 YEARS
            S/O. PAREETH, AGED 57, CHERUVALLIKUDY HOUSE,
            KOOVAPPADI P.O, KOLLAMPADI JUNCTION, PERUMBAVOOR,
            ERNAKULAM DISTRICT, PIN - 683542

    2       SELMA C A
            AGED 54 YEARS
            W/O. JALAL C.P, AGED 54 CHERUVALLIKUDY HOUSE,
            KOOVAPPADI P.O, KOLLAMPADI JUNCTION, PERUMBAVOOR,
            ERNAKULAM DISTRICT, PIN - 683542

            BY ADV V.S.ANU MON



RESPONDENT:

    1       SUNDARAM HOME FINANCE LTD
            ALEXANDER MEMORIAL BUILDING, MARINE DRIVE,
            ERNAKULAM DISTRICT-682 031, REPRESENTED BY ITS
            AUTHORIZED OFFICER., PIN - 682031

    2       THE AUTHORIZED OFFICER
            SUNDARAM HOME FINANCE LTD, ALEXANDER MEMORIAL
            BUILDING, MARINE DRIVE, ERNAKULAM DISTRICT, PIN -
            682031

            BY ADV AMBILI S


     THIS     WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON    30.09.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.32124/2023
                                         2




                           JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:-

"i) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to permit the petitioners to regularize the loan account by paying the overdue amount in 15 equal monthly installments.

ii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents not to proceed with Exhibit P- 1 and P-2 and permit the petitioners to pay the overdue amount in monthly installments.

iii) dispense with the filing of the translation of vernacular documents produced along with this writ petition. And

iv) issue such other order or direction as deem fit to the facts and circumstances of the case. "

2. Heard both sides.

3. The learned Standing Counsel for the respondents

Bank upon instructions submits that the Bank is agreeable to W.P.(C) No.32124/2023

permit the petitioners to remit the overdue amount in 8 equal

monthly instalments.

4. In the above circumstances, the Writ Petition is

disposed of with the following directions:-

(I) The respondent Bank is directed to

regularize the loan account by accepting

repayment of the entire overdue amount of

Rs.6,65,875/- along with Bank charges from the

petitioners.

(ii) The petitioners shall remit the overdue

amount of Rs.6,65,875/- together with any

accrued interest and charges in eight equal

monthly instalments.

iii) The first instalment shall be paid on

or before 30.10.2023 and the 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.

W.P.(C) No.32124/2023

(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

jsr/ W.P.(C) No.32124/2023

APPENDIX OF WP(C) 32124/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 10.03.2023

Exhibit P 2 TRUE COPY OF THE NOTICE DATED 13.09.2023 OF THE ADVOCATE COMMISSIONER