Partly allowed

A.P.Jalaja v. Secretary,Nedumangadu Housing Co-Op.Soci

Kerala HC6 Oct 2008WP(C)/17064/2008

Case brief

AI extract

What is this about?

In a writ petition by a defaulting female borrower, the High Court of Kerala ordered respondents to allow repayment of outstanding housing loan dues in monthly instalments of Rs. 5,000 instead of proceeding with immediate distress, provided payments are made. Default leads to dismissal of the petition and resumption of distress action.

What did the court decide?

Petitioner directed to repay outstanding dues in monthly instalments of Rs. 5,000 from October 2008; failure to pay will result in dismissal of the petition and immediate distress action.

A.P.Jalaja Vs Secretary,Nedumangadu Housing… — Contract and Commercial Disputes | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930

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WP(C).No. 17064 of 2008(F)

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

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PETITIONER:

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

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A.P.JALAJA, LAVANYA, PAZHAYATHERUVU, ARYANADU, NEDUMANGADU, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN.

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RESPONDENTS:

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

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1. SECRETARY, NEDUMANGADU HOUSING CO-OPERATIVE SOCIETY LTD., NEDUMANGADU, TRIVANDRUM.

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2. ARBITRATOR-CUM-SPECIAL SALE OFFICE, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM REGIONAL OFFICE, MALLUR ROAD, VANCHIYOOR P.O., THIRUVANANTHAPURAM.

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ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.17064 of 2008-F

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==================================

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Dated this the 6^th day of October, 2008.

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JUDGMENT

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The petitioner availed a housing loan;

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defaulted in repayment and that led to an award

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under the KCS Act. That award was appealed against.

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The Tribunal granted some relief by slashing the interest. The impugned distress action is, therefore, with jurisdiction and there is no legal infirmity, to interfere with it. Under such circumstances and having regard to the total amounts for recovery and projecting the case of the petitioner as that of a marginalized female unable to pay the total outstandings, the learned counsel for the petitioner seeks that the petitioner may be given an opportunity to pay the outstandings in instalments. Petitioner has remitted Rs.5,000/- in terms of the interim order granted at the stage of admission. In view of the total outstandings,

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WPC17064/08

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which is now Rs.40,000/-, this writ petition is ordered directing that, if the petitioner remits at the rate of Rs.5,000/- per month, payable on or before the last working day of every month commencing from October, 2008, the respondents will ensure that due credit is given to all amounts

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already paid. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled and the writ petition will stand dismissed enabling the respondents to forthwith proceed with distress

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action.

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Thottathil B.Radhakrishnan, Judge.

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sl.

A.P.Jalaja v. Secretary,Nedumangadu Housing Co-Op.Soci

Case brief

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A.P.Jalaja v. Secretary,Nedumangadu Housing Co-Op.Soci

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