Muhammed Shahid K.P vs Piramal Capital And Housing Finance Ltd
2024 Latest Caselaw 32575 Ker

Kerala High Court

Muhammed Shahid K.P vs Piramal Capital And Housing Finance Ltd on 11 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
         Monday, the 11th day of November 2024 / 20th Karthika, 1946
                   IA.NO.1/2024 IN WP(C) NO. 13577 OF 2024
PETITIONER:

     MUHAMMED SHAHID K.P.,AGED 45 YEARS, S/O. ALIKOYA K.P, RESIDING AT
     NASHWARA ISHA MANZIL, KAKKUZHI PARAMBIL, ERAVANNUR P.O, MADAVOOR,
     KOZHIKODE DISTRICT, PIN-673585

RESPONDENTS:

  1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD (FORMERLY KNOWN AS DEWAN
     HOUSING FINANCE CORPORATION LTD), REGISTERED OFFICE, UNIT NO. 601,
     6TH FLOOR, PIRAMAL AMITI BUILDING, PIRAMAL AGASTYA CORPORATE PARK,
     KAMANI JUNCTION, LBS MARG, KURLA (WEST), MUMBAI, PIN- 400070
  2. THE BRANCH MANAGER, PIRAMAL CAPITAL AND HOUSING FINANCE LTD [EARLIER
     KNOWN AS DEWAN HOUSING FINANCE, CORPORATION LIMITED (DHFL)],
     KOZHIKODE BRANCH, 1ST FLOOR, CITY MALL, KANNUR ROAD, KOZHIKODE,
     PIN-673001

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
prescribed for the payment of Instalments Nos. 1 to 5 as directed by this
Hon'ble Court in the judgment dated 03-04-2024 in W.P (C) No. 13577 of
2024 of this Hon'ble Court for a period of two months from today, in the
interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof,this court's Final order dated
03.04.2024 and upon hearing the arguments of M/S. ADITHYA RAJEEV,
S.PARVATHI & SAFA NAVAS, Advocates for the petitioner, the court passed
the following:
                           N.NAGARESH, J.
             ---------------------------------------------------
                           I.A.No.1 of 2024
                                     in
                     W.P.(C) No.13577 of 2024
              -------------------------------------------------
           Dated this the 11th day of November, 2024

                               ORDER

The petitioner states that the petitioner has not remitted

any amount pursuant to the judgment dated 03.04.2024. The

petitioner submits that a prospective buyer has come to

purchase the property and if the sale is effected, the petitioner

will be able to pay the entire overdue amount in lumpsum.

2. I am not satisfied with the statements made in the

affidavit filed in support of the I.A. to grant extension of time.

I.A.No.1 of 2024 is therefore dismissed. The petitioner

will be at liberty to approach the Bank for any arrangement for

sale of property to any 3rd party.

Sd/-

N.NAGARESH JUDGE hmh