High Court of KeralaWP(C)/10003/2015disposed of

Sathikumari v. Repco Homes Finance Ltd.

2015-05-05Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 WP(C).No. 10003 of 2015 (A) ---------------------------- PETITIONER(S):

-------------- SATHIKUMARI AGED 49 YEARS W/O.RAMACHANDRAN NAIR, PRIYA BHAVAN MARATHOOR CHAIKKOTTUKONAM PO, NEYYATTINKARA BY ADV. SRI.G.SUDHEER RESPONDENT(S):

-------------- REPCO HOMES FINANCE LTD.

REPRESENTED BY ITS AUTHORISED OFFICER, REMA PLAZA S.S.KO.C ROAD, THAMPANOOR, THIRUVANANTHAPURAM 695001 R1 BY ADV. SRI.K.P.SUJESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10003 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:TRUE COPY OF THE LOAN SANCTION LETTER DATED 29.11.2010 ISSUED BY THE RESPONDENT TO THE PETITIONER P2:TRUE COPY OF THE RECEIPT FOR RS.24,500/- ISSUED BY THE RESPONDENT TO THE PETITIONER P3:TRUE COPY OF THE REPLY NOTICE DATED 12.12.2014 ISSUED BY ADVOCATE M.G.KRISHNA KUMAR RESPONDENT(S)' EXHIBITS ------------------------ nil /TRUE COPY/ PS TO JUDGE

P.V.ASHA, J ---------------------------------------------- W.P(C).No.10003 of 2015 ---------------------------------------------- Dated this the 5th May, 2015

JUDGMENT

The only relief sought by the petitioner in the Writ Petition is that he may be granted instalment facility.

2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondent, who submits that the amount overdue is a sum of 1,36,822/-. ₹ In the above circumstances, the petitioner is permitted to make repayment of the overdue amount in five equal monthly instalments commencing from 1.6.2015. Along with this, the petitioner is permitted to make payment of the regular future instalments. The coercive proceedings initiated against the petitioner under the Securitization and Reconstruction of Financial Assets and Security Interest Act shall be withdrawn. In the event of any default committed by the petitioner, the respondent will be free to invoke the recovery proceedings. The Writ Petition is disposed of as above.

P.V.ASHA, JUDGE vgs5/5/15