Sinish Mon C.K vs Legal Officer
2024 Latest Caselaw 15897 Ker

Kerala High Court

Sinish Mon C.K vs Legal Officer on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                       WP(C) NO. 14217 OF 2024
PETITIONERS:

    1     SINISH MON C.K
          AGED 25 YEARS
          MAVILATH PULIKKAL, MADIKKAI, HOSDURG, KASARAGOD,
          KERALA, PIN - 671531
    2     SINDHU K.,
          AGED 50 YEARS
          MAVILATH PULIKKAL, MADIKKAI, HOSDURG, KASARAGOD,
          KERALA, PIN - 671531
    3     MANOJ
          AGED 58 YEARS
          MAVILATH PULIKKAL, MADIKKAI, HOSDURG, KASARAGOD,
          KERALA, PIN - 671531
          BY ADVS.
          P.K.SUBHASH
          JUBAIRIYA SALIM


RESPONDENT:

          LEGAL OFFICER
          MAHINDRA RURAL HOUSING FINANCE LTD, 3RD FLOOR, AMBADY
          TOWER, POKKATTUPADI ROAD, EDAPPALLY,COCHIN,
          PIN - 682024
          BY ADVS.
          M.A.JOSEPH MANAVALAN
          JOSEPH C.J.(K/3425/2022)
          JAMES JOSE(K/002035/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14217 OF 2024             2

                              JUDGMENT

When this matter was called today, Sri.Joseph C.J.- learned

Standing Counsel for the respondent - Financial Institution, submitted

that, the total outstanding in the loan account of the petitioners, as on

06.06.2024, is Rs.2,85,720/-; and that they can be allowed to pay off the

same in instalments, provided they pay Rs.50,000/- on or before

30.06.2024 and the balance in 8 equal monthly instalments.

2. Sri.P.K.Subhash - learned counsel for the petitioners, fully

agreed to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioners to pay the total outstanding amount in the loan

account, namely, Rs.2,85,720/- as on 06.06.2024, by first paying

Rs.50,000/- on or before 30.06.2024; and the balance amount, with all

applicable charges and interest, in 8 equal monthly instalments

commencing from 30.07.2024. If this is done, the respondent -

Financial Institution shall close the loan account and return the title

documents to them, on proper receipt.

Needless to say, as long as the petitioners pay as per the above

directions, all further action pursuant to Ext.P1 will stand deferred; but

if they default payment of two instalments as ordered above, the

respondent - Financial Institution will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount as per

law, without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/6.6

APPENDIX OF WP(C) 14217/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT