Partly allowed

Sakeena v. Aig Home Finance India Ltd.

Kerala HC7 Sept 2011RP/677/2011

Case brief

AI extract

What is this about?

The order dismisses a review petition as no error was found on the face of the records. However, granting indulgence due to partial payment and the active loan period, the court allows time to regularize the account in two instalments.

What did the court decide?

Extension granted to remit default amounts and regular monthly installments in two equal instalments by 30.9.2011 and 31.10.2011.

Sakeena Vs Aig Home Finance India Ltd. — Contract and Commercial Disputes | Kerala HC (2011)

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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 C.K.ABDUL REHIM

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WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933

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RP.No. 677 of 2011()

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-------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4906/2011 Dated 04/03/2011

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REVIEW PETITIONER(S): PETITIONER

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

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SAKEENA, S/O. MUHAMMED ASHRAF, KANDIYOTH HOUSE, NENMINDA POST, BALUSSERY, KOZHIKODE.

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BY ADV. SRI.K.M.FIROZ

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RESPONDENT(S):

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

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1. AIG HOME FINANCE INDIA LTD. FIRST FLOOR, AARPEES ARCADE, YMCA ROAD, KOZHIKODE-673 001, REPRESENTED BY ITS AUTHORISED OFFICER, (Y.M.C.A.-YOUNG MENS CHRISTIAN ASSOCIATION)

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2. UNION OF INDIA, REPRESENTED BY THE SECRETARY (BANKING & INSURANCE), DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, PARLIAMENT STREET, NEW DELHI-110 001.

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BY ADV.SRI.P.PARAMESWARAN NAIR, ASGI SRI.RAJESH THOMAS, SC

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ami/

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C.K.ABDUL REHIM, J.

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R.P.No.677 of 2011

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Dated this the 7^th day of September, 2011.

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O R D E R

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Eventhough various contentions are raised, I do not find any ingredient warranting review of the judgment. The petitioner has no case that the judgment was pronounced without noticing any material facts or that the the petitioner was prevented in any manner from bringing to the notice of this Court about any factual aspects. Further, I notice that the petitioner could not point out any error apparent on the face of the records with respect to the judgment sought to be reviewed.

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However, pointing to the prayer sought for in this review petition, Sri.K.M.Firoz learned counsel for the review petitioner, made an appeal for indulgence in granting some more time to regularise the account. The prayer is opposed by learned standing counsel appearing for the 1^st respondent company. However, noticing that

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R.P.No.677 of 2011

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some amount was already paid after the judgment and also noticing that the repayment period of the loan account is not over, I am inclined to grant extension of the period stipulated for effecting payment of the amounts in default.

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Accordingly, while dismissing the review petition, the petitioner is granted time to comply with the conditions stipulated in the judgment, by remitting the entire amount in default in 2 (two) equal instalments, falling due on or before 30.9.2011 and 31.10.2011, alongwith payment of the regular monthly instalments due for the respective months.

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If payment of the amount is effected as directed above, all other conditions stipulated in the judgment will be operative.

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C.K.ABDUL REHIM, JUDGE

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ami/

Sakeena v. Aig Home Finance India Ltd.

Case brief

What is this about?

What did the court decide?

Sakeena v. Aig Home Finance India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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