High Court of KeralaWP(C)/11002/2015disposed of

K.T. Govindan Menon v. Sundaram Bnp Paribas Home Finance

2015-05-29Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 11002 of 2015 (A) ---------------------------- PETITIONER :

----------------- K.T. GOVINDAN MENON, AGED 49 YEARS, SON OF M.PADMANABAN MENON, PADMASOUDHAM, EDUPPUKULAM P.O, MENONPARA VIA, PALAKKAD DISTRICT BY ADVS.SRI.JACOB SEBASTIAN SMT.SHAMSEERA. C.ASHRAF SRI.T.U.SUJITH KUMAR SMT.ANU JACOB RESPONDENT :

-------------------- SUNDARAM BNP PARIBAS HOME FINANCE FORMERLY KNOWN AS SUNDARAM HOME FINANCE LTD., SUNDARAM TOWERS, FOURTH FLOOR, NUMBER 46 WHITES ROAD, CHENNAI 600014.

REPRESENTED BY ITS AUTHORIZED OFFICER R1 BY ADV. SRI.VARGHESE C.KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11002 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS & ANNEXURES:

----------------------------------------------------------- EXHIBIT P1:

A TRUE COPY OF C.M.P NO 5407 OF 2014 FILED BY THE RESPONDENT

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,PALAKKAD

ANNEXURE A1: COPY OF THE DEMAND DRAFT DT 23/5/2015 OF THE CORPORATION BANK, KANJIKODE BRANCH, COVERING LETTER DT POSTAL RECEIPT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.11002 of 2015 **************************************************** Dated this the 29th day of May, 2015

JUDGMENT

The petitioner availed two housing loans and committed default. The petitioner challenges SARFAESI proceedings. 2.

The overdue amount is Rs.1,81,185/-. The petitioner seeks indulgence of this Court permit him to pay the overdue amount in an instalment along with regular EMI and to regularise the account.

Learned counsel for the Bank opposes the prayer and submits that the petitioner is liable to pay the entire amount. Considering the facts and circumstances, the petitioner is permitted to pay the overdues in four monthly instalments starting from June, 2015 onwards. The petitioner shall pay the overdue amount along with regular EMI. If the petitioner commits default in paying the overdue amount in equal monthly instalments, the respondent is at liberty to proceed against the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln