Disposed

Chandran a. v. Devan Housing Finance Corporation Ltd.

Kerala HC25 Jul 2016WP(C)/30541/2015

Case brief

AI extract

What is this about?

A writ petition filed by a petitioner challenging possession proceedings was closed after the respondent bank accepted that the loan account had been regularised and confirmed no intention to proceed with the Chief Judicial Magistrate's direction.

What did the court decide?

The respondent bank was directed to regularise the account and submit an application to the Chief Judicial Magistrate indicating no intention to proceed; the writ petition was closed.

Chandran a. Vs Devan Housing Finance… — Contract and Commercial Disputes | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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MONDAY, THE 25TH DAY OF JULY 2016/3RD SRAVANA, 1938

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WP(C).No. 30541 of 2015 (P)

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PETITIONER(S) :

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CHANDRAN A., AGED 49 YEARS, S/O.CHILLAKUTTY, CHANDRAKANDAM HOUSE, AMBALAKUNNIL, MUTTIL, WAYANAD DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENT(S) :

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DEWAN HOUSING FINANCE CORPORATION LTD., BRANCH OFFICE AT DOOR NO.299/D1, D2, 2ND FLOOR, MARINA HALL, YMCA CROSS ROAD, CALICUT-673 122, REPRESENTED BY ANOOP R.C., AUTHORIZED OFFICER, BRANCH OPERATION MANAGER.

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BY ADV. SRI.K.THYAGARAJESWARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 30541 of 2015 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 : TRUE COPY OF THE C.M.P NO.6807/2014 FILED BY THE RESPONDENT BANK BEFORE THE C.J.M, KALPETTA.

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P2 : TRUE COPY OF THE ORDER IN C.M.P NO.6807/2014 DATED 09-12-2014 OF THE C.J.M, KALPETTA, WAYANAD.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No. 30541 of 2015

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Dated this the 25^th day of July, 2016

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JUDGMENT

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This writ petition has been filed when the Advocate Commissioner had approached the petitioner to take possession of the secured asset as per the direction issued by the Chief Judicial Magistrate, Kalpatta.

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It is now submitted by the learned counsel for the petitioner that the loan account had been regularised insofar

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as the entire outstanding amount had been paid by the petitioner. This fact has been accepted by the learned counsel for the respondent.

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Having regard to the fact that the petitioner had already remitted the outstanding amount, it shall be open for the respondent Bank to regularise the account, so that the petitioner can pay the regular instalments in time.

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Learned counsel for the respondent Bank submits

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W.P.(C) No. 30541 of 2015

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that they do not intend to proceed with the direction issued by the Chief Judicial Magistrate.

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The respondent Bank shall submit necessary application before the Chief Judicial Magistrate indicating that the account have been regularised and they do not intend to proceed further in the matter. This shall be done within a period of two weeks from today.

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I take on record the above submission of the learned counsel appearing for respondent Bank. Accordingly, this writ petition is closed.

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Sd/-

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A.M. SHAFFIQUE JUDGE

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Scl/25.07.2016

Chandran a. v. Devan Housing Finance Corporation Ltd.

Case brief

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Chandran a. v. Devan Housing Finance Corporation Ltd.

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