Kerala High Court
Ravikumar P vs Hdfc Ltd on 29 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 29TH DAY OF FEBRUARY 2024/10TH PHALGUNA, 1945
OP (DRT) NO. 485 OF 2022
SA NO.495 OF 2022 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:
1 RAVIKUMAR P.
AGED 58 YEARS, S/O. SHIVASANKARAN NAIR P.C.,
T. 12/10, EAGLE TON ENCLAVE,
SHANUMANGALA ROAD, BIDADI,
HOBLI, BENGALURU, KARNATAKA,
PIN - 562 109.
2 SINDHU K.G.
W/O. RAVIKUMAR P., T. 12/10,
EAGLE TON ENCLAVE, SHANUMANGALA ROAD,
BIDADI, HOBLI, BENGALURU, KARNATAKA,
PIN - 562 109.
BY ADVS.
N.K.SUBRAMANIAN
M.RISHIKESH SHENOY(K/1027/2001)
GEORGE G.POOTHICOTE(K/901/1990)
ANN MARY.V.I(K/001298/2023)
ATHUL TOM(K/1424/2018)
RESPONDENT/DEFENDANT:
HDFC LTD.
HDFC HOUSE, PO NO. 1667,
RAVIPURAM JUNCTION, M.G. ROAD, KOCHI
REPRESENTED BY ITS AUTHORIZED OFFICER,
PIN - 682 016.
BY ADVS.
AMBILY S
K.K.CHANDRAN PILLAI (SR.)(C-41)
LAKSHMI ANIL(K/002184/2022)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).30148/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 30148 OF 2023
PETITIONERS:
1 THE HDFC BANK LIMITED (EARLIER HDFC LTD) ,
HDFC HOUSE, RAVIPURAM, KOCHI 682015,
REPRESENTED BY ITS SENIOR MANAGER AND PRINCIPAL
OFFICER A.S.SACHIN.
2 THE AUTHORIZED OFFICER,
HDFC BANK LIMITED, (EARLIER HDFC LTD),
HDFC HOUSE, RAVIPURAM, KOCHI,
PIN - 682 015.
BY ADVS.
S.AMBILY
RUPA R. NAIR
RUBAN JOE TONIYO
MATHEW JOSEPH BALUMMEL
K.K.CHANDRAN PILLAI (SR.)
RESPONDENTS:
1 RELIANCE PROJECT AND PROPERTY MANAGEMENT
SERVICES LTD., CHANDRIKA CHAMBER, S.A.ROAD,
VYTTILA,KOCHI-682019,
REPRESENTED BY ITS STATE HEAD MR.SREERAJ UNNI.
2 THE COMPANY SECRETARY,
RELIANCE PROJECT AND PROPERTY MANAGEMENT
SERVICES LTD., CHANDRIKA'CHAMBER, S.A.ROAD,
VYTTILA,KOCHI, PIN - 682 019.
3 BHARAT SANCHAR NIGAM LTD.,
OFFICE OF THE GENERAL MANAGER TELECOM, BSNL,
DPO ROAD, UP HILL, MALAPPURAM
REPRESENTED BY ITS GENERAL MANAGER,
PIN - 676 505.
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
:3:
4 P. RAVIKUMAR ,
S/O.SHIVASANKARAN NAIR P.C. T.12/10,
EAGLETON ENCLAVE, SHANUMANGALA ROAD,
BIDADY HOBBLI BANGALORE, PIN - 562 109.
5 K.G.SINDHU ,
W /O P. RAVIKUMAR P.C. T.12/10,
EAGLETON ENCLAVE, SHANUMANGALA ROAD,
BIDADY HOBBLI BANGALORE, PIN - 562 109.
BY ADVS.
G.HARIKUMAR (GOPINATHAN NAIR), FOR R1
SMT.I. SHEELA DEVI, FOR R3
N.K.SUBRAMANIAN, FOR R4
AKHIL SURESH
M.RISHIKESH SHENOY(K/1027/2001)
GEORGE G.POOTHICOTE(K/901/1990)
ATHUL TOM(K/1424/2018)
ANN MARY.V.I(K/001298/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.02.2024, ALONG WITH OP (DRT).485/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
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JUDGMENT
Dated this the 29th day of February, 2024
[O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023]
O.P.(DRT) No.485/2022 has been filed by the
borrower of a financial advance from the HDFC Bank,
seeking the following reliefs:
(i) To issue an order setting aside Ext. P6 order of
the Debts Recovery Tribunal-1, Ernakulam.
(ii) To issue an order of Stay as sought for in
Exts.P2 and P4 pending disposal of the Ext.P1
application.
(iii) To grant such other reliefs as this Honourable
Court may deem fit just and proper in the
circumstances of the case.
2. W.P.(C) No.30148/2023 has been filed by the
HDFC Bank seeking the following reliefs:
(i) to direct respondents 1 to 3 to pay directly to the 1 st
petitioner all amounts including the rent arrears if any
payable by them to respondents 4 and 5 or to any one
of them as lease amount/rental amount payable by
them for occupying the premises belonging to them or
any one of them having an extent of 12.14 Ares of
property comprised in Survey No. 78/1-1 of
Angadippuram Village in Perinthalmanna Taluk with
building situate thereon and over which mobile tower
is constructed by the 3rd respondent from the date on
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
which Exts.P6 and P7 demands are received by them
and continue to pay the same to the petitioners till the
entire debt due from respondents 4 and 5 to the 1 st
petitioner is wiped off in full;
(ii) to grant such other reliefs as may be prayed for
during the course of the pendency of the above writ
petition before this Hon'ble Court.
3. When these original petition and writ petition came
up for hearing today, the petitioner in O.P.(DRT)
No.485/2022 submitted that pending litigation, the petitioner
entered into a settlement with the Bank on certain terms. The
terms of settlement is quoted in the affidavit filed in I.A
No.1/2024. Paragraph 2 of the affidavit reads as follows:
2) It is submitted that during the pendency of the original
petition, we the petitioners have struck a settlement with
the respondent out of Court on agreed terms and
conditions. According to the said terms and conditions,
the respondent Bank has regularized the loan by
clearing the outstanding arrears amounting to Rs.1.48
crores as on 25.01.2024, as accepted by us. Further, it
is submitted that the amount so fixed has been paid in
parts; Rs.10 lakhs on 19.01.2024, which is already been
paid through online payment mode; another amount of
Rs.40 lakhs to be paid on or before 22.01.2024, the said
amount also stands paid on 22.01.2024; Rs.30 lakhs to
be paid on 23.01.2024 and Rs.20 Lakhs to be paid on
24.01.2024, those amounts are also stands paid on
23.01.2024 and 24.01.2024 respectively. The
respondent has agreed and permitted us to pay the
balance Rs.48 lakhs in 12 equal installments starting
from 31.03.2024 itself, but, of course, without any
default. Further, it is also agreed that the rent payable to
me by Reliance (which is my tenant) will be directed to
pay directly to the respondent herein from 31.01.2024
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
as towards the repayment of the loan. I have also
agreed to provide necessary GST bills to Reliance (my
tenant) for making such payment to the respondent
herein.
4. Standing Counsel appearing for the
petitioner-Bank in W.P.(C) No.30148/2023 submits that the
overdue arrears payable by the petitioner in O.P.(DRT)
No.485/2022 amounting to Rs.48 lakhs has to be paid by the
petitioner in 12 equal and consecutive monthly instalments.
As regards the current EMIs payable to the loan accounts,
respondents 1 and 2 in W.P.(C) No.30148/2023 have to pay
the rent in respect of building directly to the Bank.
5. In view of the settlement entered into by the
parties, the petitioners in O.P.(DRT) No.485/2022 and
W.P.(C) No.30148/2023 are directed to abide by the terms of
settlement. The 3rd respondent-BSNL in W.P.(C)
No.30148/2023 will be at liberty to pay the rent dues to the
landlord. Respondents 1 and 2 in W.P.(C) No.30148/2023
are directed to pay the monthly rent directly to the Bank
during the period of operation of the settlement.
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
O.P.(DRT) No.485/2022 and W.P.(C)
No.30148/2023 are disposed of as above. The petitioner in
O.P.(DRT) No.485/2022 may move the Debts Recovery
Tribunal-I for disposal of S.A No.495/2022 in terms of the
settlement arrived at.
Sd/-
N. NAGARESH
JUDGE
AMR
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
APPENDIX OF OP (DRT) 485/2022
PETITIONERS' EXHIBITS
Exhibit P1 A COPY OF THE SECURITISATION
APPLICATION NO. 495 OF 2022 ALONG WITH
ITS ANNEXURES.
Exhibit P2 A COPY OF THE APPLICATION FOR STAY AS
I.A. NO. 2365/2022.
Exhibit P3 A COPY OF THE PETITION FOR AMENDMENT
OF THE S.A. AS I.A. NO. 2640/2022.
Exhibit P4 A COPY OF THE STAY PETITION I.A. NO.
2641 OF 2022.
Exhibit P5 COPY OF THE PROCEEDINGS IN S.A. NO.
495 OF 2022 ON THE FILES OF DRT-I,
ERNAKULAM.
Exhibit P6 CERTIFIED COPY OF THE ORDER DATED
15.11.2022 IN I.A. NO. 2641 OF 2022 OF
THE DRT-I.
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
APPENDIX OF WP(C) 30148/2023
PETITIONERS' EXHIBITS
Exhibit P1 COPY OF THE ORDER DATED 06.01.2022 IN
CRL.M.P.NO.2321/2021 OF THE CJM COURT
MANJERI.
Exhibit P2 COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER TO THE 3RD
RESPONDENT DATED 22.06.2022.
Exhibit P3 COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER TO THE 1ST
RESPONDENT DATED 17.02.2022.
Exhibit P4 COPY OF THE LETTER SENT TO RESPONDENTS
4 AND 5 BY THE 2ND PETITIONER DATED
30.11.2022.
Exhibit P5 COPY OF THE POSSESSION NOTICE
PUBLISHED IN NEW INDIAN EXPRESS DAILY
DATED 30.11.2022.
Exhibit P 6 COPY OF THE LETTER SENT BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT DATED
30.11.2022.
Exhibit P7 COPY OF THE LETTER SENT BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT DATED
30.11.2022.
Exhibit P8 COPY OF THE REPLY GIVEN BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER DATED
21.12.2022.
RESPONDENTS' EXHIBITS
EXHIBIT R4(a) COPY OF THE DUPLICATE COPY OF THE
AGREEMENT DATED 22ND JULY,2019.
O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023
EXHIBIT R4(b) COPY OF AGREEMENT DATED 21ST
SEPTEMBER,2021.
EXHIBIT R4(C) COPY OF COMMUNICATION DATED
06.10.2021.
