Shoba Gopinath vs The Authorized Officer
2023 Latest Caselaw 9433 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                   &
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945
                          WA NO. 1504 OF 2023
   AGAINST THE ORDER/JUDGMENT WP(C) 25691/2023 OF HIGH COURT OF
                                KERALA
APPELLANT:

             SHOBA GOPINATH
             AGED 53 YEARS
             KRISHNA KRIPA, KOLLANKUDI, PATTIMATTAM, VALAMBUR,
             ERNAKULAM -, PIN - 683562
             BY ADV R.DIVAKARAN


RESPONDENTS:

    1        THE AUTHORIZED OFFICER
             HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC),
             RAVIPURAM JUNCTION, M.G ROAD, KOCHI -, PIN - 682015
    2        HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC),
             RAVIPURAM JUNCTION, M.G ROAD, KOCHI - REPRESENTED BY
             ITS MANAGER, PIN - 682015
             BY ADVS.
             Ambily S
             K.K.CHANDRAN PILLAI (SR.)(C-41)


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1504 OF 2023                   2




                               JUDGMENT

Dated this the 4th day of September, 2023

ANU SIVARAMAN (J)

This writ appeal is filed against the judgment dated

07.08.2023 by which the writ petition was dismissed without

prejudice to the right of the appellant to work out her statutory

remedies. The learned counsel for the appellant submits that it is

only due to repeated health problems faced by the appellant that

she was unable to make the payments as directed by this Court in

the earlier writ petition. It is submitted that she has made

necessary arrangements to pay off the overdue amounts and that

if a month's time is granted she will be able to pay off the

outstanding amounts and to make payments as directed in the

earlier judgment.

2. Having considered the contentions advanced, we notice

that the appellant had approached this Court on a previous

occasion filing WP(C) No.5001/2023 which was disposed of by

judgment dated 23.02.2023 permitting the appellant to pay off

the overdue amounts in 12 equal monthly instalments, the first of

such instalments falling due on or before 23.03.2023.

3. It is submitted by the learned senior counsel appearing for

the respondent that after the said judgment only one instalment

was paid by the appellant and that the following instalments were

defaulted. It is further contended that in the light of the judgment

of the Apex Court in South Indian Bank Ltd vs. Naveen

Mathew Philip [2023 SCC online SC 435] it would not be

proper for this Court to interfere with the judgment under appeal.

We find no grounds to interfere with the judgment in this

intra-court appeal. This writ appeal is therefore dismissed. In case

the appellant has any grievance, she is free to approach the

respondent Bank with a request for regularisation of the loan for

any such reliefs.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. JAYACHANDRAN JUDGE ska