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High Court of KeralaWP(C)/25329/2015closed

Dileep Kumar C U v. Authorised Officer, Hdfc Ltd

2015-08-20Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 25329 of 2015 (M) ------------------------------------------ PETITIONER(S) :

------------------------- DILEEP KUMAR C.U., AGED 38 YEARS, S/O.UNNI, CHITTISERRY HOUSE, CHITTISSERY P.O., THRISSUR- 680 301.

BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S) :

---------------------------- THE AUTHORISED OFFICER, HOUSING FINANCE DEVELOPMENT CORPORATION LTD., HDFC HOUSE, POST BOX NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, ERNAKULAM- 682 015.

BY SRI.K.K.CHANDRAN PILLAI (SENIOR ADVOCATE ) ADV. SMT.S.AMBILY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 25329 of 2015 (M) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1: TRUE COPY OF THE DEMAND NOTICE DATED 02.02.2015 U/S. 13(2) OF THE SARFAESI ACT.

EXHIBIT P2: TRUE COPY OF THE POSSESSION NOTICE DATED 07.05.2015 U/S.13(4) OF THE SARFAESI ACT.

EXHIBIT P3: TRUE COPY OF THE DEMAND DRAFT DATED 08.07.2015 ALONG WITH THE PAYMENT RECEIPT ISSUED BY THE HDFC.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.25329 of 2015 ****************************************************************************** Dated this the 20th day of August, 2015

JUDGMENT

It is submitted that the possession has been handed over pursuant to the interim direction of this Court and the petitioner has cleared the entire overdue amount except incidental expenses. In that view of the matter, the petitioner is directed to clear the incidental expenses within two weeks and also continue to remit the regular EMI from September, 2015 onwards. The Bank is also directed to regularize the account.

The writ petition is closed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln