Kerala High Court
Sunil Kumar vs M/S Grihum Housing Finance Limited on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67962
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 30950 OF 2024
PETITIONERS:
1 SUNIL KUMAR,
AGED 51 YEARS, S/O. VISWANATHAN,
VARYATH LAKSHAMVEEDU, PATTANAKKAD P. O.,
ALAPPUZHA DISTRICT, PIN - 688531.
2 DARSINI,
AGED 45 YEARS,
VARYATH LAKSHAMVEEDU, PATTANAKKAD P. O.,
ALAPPUZHA DISTRICT, PIN - 68853.
BY ADV.
SRI. JOSEPH RONY JOSE
RESPONDENT:
M/S GRIHUM HOUSING FINANCE LIMITED,
PREVIOUSLY KNOWN AS M/S. MAGMA HOUSING FINANCE LIMITED,
SIRIGOWRI COMPLEX, 1ST FLOOR, NO.1245, 8TH CROSS,
BEHIND RAGHAVENDRA TEMPLE, KENGERI UPANAGARA,
BENGALURU - 560060,
REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 56006.
BY ADV.
SRI. RENJITH R. - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 30950 of 2024
-------------------------
Dated this the 6th day of September, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioners for
the following reliefs;
i. Issue a writ of Certiorari or other appropriate
writ order or directions to call for the records
leading to Exhibit Pl and quash the same;
ii. To dispense with the production of English
translation of documents which are in vernacular
language.
iii. Such other relief's which this Hon'ble Court
deems fit and necessary in the circumstances of
the case and the costs of this case.
2. The petitioners had obtained housing loan from the respondent
financial institution and had committed defaults in making repayment
of the loan amount. Thus, the financial institution after classifying
the loan account of the petitioners as NPA has proceeded against the
petitioners to realise its dues under the provisions of the SARFAESI
Act and the Rules made thereunder.
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3. The learned Counsel for the respondent financial institution on
instructions submits that the overdue amount is Rs. 1,43,345/- and
the total outstanding amount is Rs. 7,19,469/- and the tenure for
repayment of the loan amount is up to 2032. The learned Counsel for
the respondent financial institution further submits that the financial
institution will have no objection in accepting the overdue amount
along with regular installments in a few installments as this Court
may direct and it will regularise the loan account of the petitioner
after receiving the entire overdue amount along with regular
installments.
4. Considering the aforesaid stand of the respondent financial
institution, the present writ petition is disposed of on the following
terms;
(i) The petitioners shall pay the entire overdue
amount in six equal monthly installments along
with regular installment.
(ii) The first installment as directed above is to
be paid on or before 07.10.2024 and the
remaining five installments on or before the
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seventh day of each succeeding month.
(iii) In case of failure to make payment of the
first installment or any subsequent installment as
directed above, the respondent financial
institution shall be free to proceed further against
the petitioners in accordance with the law to
realise its outstanding dues.
(iv) After making payment of the entire overdue
amount along with regular installments, the
petitioner shall continue to pay the regular
installments till the entire loan liability is
discharged.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 30950 OF 2024
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APPENDIX OF WP(C) 30950/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY
ADVOCATE COMMISSIONER DATED 14/08/2024
