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High Court of KeralaWP(C)/19194/2015disposed of

Prasad K.N v. The Authorised Officer

2015-06-25Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 19194 of 2015 (Y) ---------------------------- PETITIONER :

----------------- PRASAD K.N., AGED 45 YEARS, VADAKKLEKUMARETTU HOUSE, KOTHANALLUR P.O., KOTTAYAM.

BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN RESPONDENTS :

----------------------

1. THE AUTHORISED OFFICER, INDUSIND BANK LTD., GOURI NARAYAN, OPP: JAYALAKSHMI SILKS, M.G.ROAD, ERNAKULAM KOCHI-682035.

2. THE MANAGER INDUSIND BANK LTD., GOURI NARAYAN, OPP:JAYALAKSHMI SILKS, M.G.ROAD, ERNAKULAM KOCHI-682035.

R1 BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 19194 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS :

EXT. P1:

COPY OF THE RC BOOK OF KL-36 C 259.

EXT.P2:

COPY OF THE FINANCE CHART DT 20/4/2015.

RESPONDENT'S EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 19194 of 2015 ---------------------------------------------------- Dated this the 25th day of June,2015

J U D G M E N T

------------------------- The petitioner availed a housing loan from the respondent bank. The petitioner apprehends dispossession by invoking proceedings under SARFAESI Act approached this Court.

2.

It is submitted that the tenure of the loan will expire only on January 2016. It is submitted that overdue amount is Rs.3,18,000/-. Taking note of the tenure of the loan, the petitioner shall discharge the entire overdue amount along with regular EMI from the month of July onwards till the completion of tenure of loan. However, if the petitioner commits default in any one of the instalments, the bank is at liberty to proceed against the petitioner. The writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, JUDGE jm/

W.P.(C).No.19194 of 2015 The words "housing loan" occurring in the first sentence in paragraph 1 of the judgment dated 25.6.2015 in W.P.(C) No.19194/2015 are suo motu corrected and substituted as "vehicle loan" as per order dated 30.6.2015 in W.P.(C) No.19194/2015. Sd/ Registrar (Judicial)