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High Court of KeralaWP(C)/11628/2015disposed of

Rugmini C v. The Sundaram Bnp Paribas Home Finance Limited

2015-06-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 11628 of 2015 (C) ---------------------------- PETITIONER :- ----------------------- RUGMINI C., AGED 44 YEARS, W/O.PRADEEPAN, RESIDING AT AYAROTTUMALA, KUTTITHANI, KODOTH, KANHANGAD, KASARAGOD DISTRICT.

BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT(S) :- ----------------------------

1. THE SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, KANHANGAD BRANCH, REPRESENTED BY ITS MANAGER 2ND FLOOR, JAZEEL CENTER, MAIN ROAD, KANHANGAD, PUTHIYAKOTA, KASARAGOD DISTRICT - 671 315.

2. THE AUTHORIZED OFFICER, SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI - 600 014.

R1 & R2 BY ADV. SRI.VARGHESE C.KURIAKOSE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11628 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ------------------------------------- EXHIBIT P1 :- THE TRUE COPY OF THE NOTICE DATED 1.1.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND OTHERS.

RESPONDENT(S)' EXHIBITS :- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J ------------------------------------------------------------ W.P.(C)No.11628 of 2015 ------------------------------------------------------------ Dated this the 17th day of June, 2015

JUDGMENT

The petitioner availed a housing loan. The petitioner defaulted the repayment of the loan and hence initiated SARFAESI proceedings.

2.

The petitioner submits that she is prepared to clear the overdue and the financial institution may be directed to regularise the account.

3.

The learned counsel for the respondents submits that overdue amount is Rs.2,42,606/-.

4.

Considering the facts and circumstances, following directions are issued;

i) The petitioner shall deposit Rs.75,000/- on or before 29.06.2015.

ii) The petitioner shall remit the balance in four installments along with the regular EMI.

iii) The petitioner shall discharge the entire overdue

W.P.(C)No.11628 of 2015 amount in five monthly installments starting from 20th July, 2015 along with the regular EMI.

iv) If the petitioner clears the overdue amount along with the regular EMI within the above period, the account shall be regularized.

v) If the petitioner commits default in making any one of the payment, the financial institution is at liberty to proceed against her.

Therefore, this Writ Petition is disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE //TRUE COPY// P.A. TO JUDGE