High Court of KeralaWP(C)/9763/2015disposed of

K. Chithrangathan v. Sundaram Bnp Paribas Home Finance

2015-11-20Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 9763 of 2015 (U) ------------------------------------- PETITIONER(S):

----------------------- K. CHITHRANGATHAN, PADINHARAYIL KUNHEENTEKATHU HOUSE, PUTHIYANIRATH, ELATHUR P.O., KOZHIKODE - 673 303. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S):

------------------------- SUNDARAM BNP PARIBAS HOME FINANCE, 2ND FLOOR, BMT CENTRE, MINI BYE-PASS ROAD, PUTHIYARA P.O., KOZHIKODE - 673 004, REPRESENTED BY ITS MANAGER/AUTHORIZED OFFICER.

BY ADV. SRI.VARGHESE C.KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 9763 of 2015 (U) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE LOAN DISBURSEMENT MEMO DATED 27.2.2012 ISSUED BY THE RESPONDENT EXT.P-2: TRUE COPIES OF THE RECEIPTS ISSUED BY THE RESPONDENT TO THE PETITIONER (32 NUMBERS) EXT.P-3: TRUE COPY OF THE POSSESSION NOTICE DATED 17.3.2015 ISSUED BY THE RESPONDENT EXT.P-4: TRUE COPY OF THE ACCOUNT STATEMENT OF THE LOAN ACCOUNT NO.71000857 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 9763 of 2015 ===================================================== Dated this the 20th day of November, 2015

JUDGMENT

The petitioner had approached this Court through the present writ petition, aggrieved by the steps taken by the respondent Company for recovery of the defaulted loan amounts. It is the case of the petitioner in the writ petition that, he has made arrangements for settling the entire outstanding loan amount with the respondent, and the limited prayer in the writ petition is for keeping in abeyance the present steps initiated by the respondent Company, so as to enable the petitioner to remit the monthly installments, after regularising the account.

When the matter was taken up for orders today, the learned counsel for the respondent Company submits that the account of the petitioner with the respondent Company has since been regularised through payments made by the petitioner and therefore, the recovery proceedings that were initiated are not being pursued as of now. It is also pointed out by the learned Standing Counsel for the respondent Company that the petitioner has since filed an application before the respondent, seeking the benefit of an OTS scheme, that is currently in vogue. It is submitted that the said application preferred by the petitioner will be considered by the respondent Company within one month from today.

-2W.P.(C). No. 9763 of 2015 submissions of counsel for the respondent Company, this writ petition is closed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /20.11.15