Anas .A vs Tata Capital Financial Service Limited
2024 Latest Caselaw 9272 Ker

Kerala High Court

Anas .A vs Tata Capital Financial Service Limited on 3 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                       WP(C) NO. 13642 OF 2024


PETITIONER:

          ANAS .A, AGED 35 YEARS, S/O ABOOBAKERKUTTY,
          THE SOLE PROPRIETOR OF A J BRICKS AND
          INTERLOCK 16690, RESIDING AT VARUVILA VEEDU,
          MEKKONE, CHANDANATHOPE P.O, PERINAD, KOLLAM,
          PIN - 691014

          BY ADV JOMY K. JOSE


RESPONDENTS:

    1     TATA CAPITAL FINANCIAL SERVICE LIMITED
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          GROUND FLOOR, A NARAYANA SHOPPING COMPLEX,
          KRISHNA LEELA TOWER, KADAPPAKADA, KOLLAM,
          PIN - 691008

    2     TATA CAPITAL FINANCIAL SERVICE LIMITED
          REPRESENTED BY ITS AUTHORIZED SIGNATORY,
          11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK,
          GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI,
          PIN - 400013

          BY ADV
          ANJU MOHAN
          SRI. RENJITH R., SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13642/24
                                      2

                          JUDGMENT

When this matter was called today, Sri.Renjith R. - learned

Standing Counsel for the respondent-Bank, submitted that the

loan account of the petitioner involved in this case can be settled

for a total amount of Rs.5,09,377/-, as on 03.04.2024, along with

all applicable charges and interest, provided same is paid by him

in not more than 10 equal monthly installments.

2. The learned counsel for the petitioner - Sri.Jomy K.

Jose accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, permitting the petitioner to pay off the aforementioned

amount, along with all applicable charges and interest, in 10

equal monthly installments commencing from 01.05.2024. He shall

also, in addition to this, pay the regular EMIs without fail.

Needless to say, if the amounts as afore are paid by the

petitioner, the account will stand closed and the Bank will return

to him all security documents as are necessary; but, if on the

contrary, any two consecutive installments are defaulted, the

benefit of this judgment will be lost to him and the Bank will be

at full liberty to pursue further action pursuant to Ext.P1 without

having to obtain further orders from this Court.

It is also needless to say, therefore, that as long as the

amounts as afore are paid, all further action pursuant to Ext.P1

will stand deferred.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE



               APPENDIX OF WP(C) 13642/2024

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE ORDER ISSUED BY
                    ARBITRAL     TRIBUNAL    CHENNAI VIDE

ARBITRATION DISPUTE NUMBER 2023-6038- 7455-6686 DATED 17-02-2024