Disposed

Mohammed a M v. Sundaram Bnp Paribas Home Finance Limited

Kerala HC12 Jan 2017WP(C)/222/2017

Case brief

AI extract

What is this about?

In a writ petition filed in default of a home loan, the High Court of Kerala, without citing precedents or statutes, ordered the respondent bank to keep recovery proceedings in abeyance. The court directed issuance of a statement and rescheduling of dues if the petitioner meets payment conditions, otherwise recovery may resume.

What did the court decide?

Recovery proceedings kept in abeyance; Bank to issue statement and reschedule loan; recovery revives after two defaults.

Mohammed a M Vs Sundaram Bnp Paribas Home… — Contract and Commercial Disputes | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938

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WP(C).No. 222 of 2017 (C)

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PETITIONER(S):

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MOHAMMED A,.M., AGED 73 YEARS, S/O MEETHAIN, AREEKODATH HOUSE, ALANGAD POST, ALUVA-683511.

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BY ADV. SRI.R.VENUGOPAL

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RESPONDENT(S):

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1. SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI AND BRANCH AT II FLOOR, ELIZABATH ALEXANDER MEMORIAL BUILDING, OPP. RAINBOW BRIDGE, MARINE DRIVE, KOCHI.682031, REPRESENTED BY ITS BRANCH MANAGER.

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2. THE AUTHORISED OFFICER, SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI.600014.

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R1 & R2 BY SRI.S.EASWARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 222 of 2017 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 PHOTOCOPY OF THE DISCHARGE SUMMARY ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE. EXHIBIT P2 PHOTO COPY OF DISCHARGE SUMMARY ISSUED BY ASTER MEDCITY FOR THE PERIOD OF 3.6.2016 TO 6.6.2016. EXHIBIT P3 PHOTO COPY OF THE DISCHARGE SUMMARY ISSUED BY ASTER MEDCITY FOR THE PERIOD OF 8.7.2016 TO 11.7.2016. EXHIBIT P4 PHOTOCOPY OF THE NOTICE DATED 1.9.2016 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT BY THE 2ND RESPONDENT. EXHIBIT P5 PHOTO COPY OF THE RECEIPT DATED 20.10.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 PHOTO COPY OF THE POSSESSION NOTICE DATED 9.12.2016 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS

TRUE COPY

P.S. TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C)No.222 of 2017 - C

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========================= Dated this the 12^th day of January, 2017

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J U D G M E N T

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The petitioner had availed a loan from the

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respondent Bank in the year 2007 and committed default. The liability and the default is admitted and the only contention is against failure to intimate quantification. The learned Counsel for the respondent Bank submits that Rs.3,61,306/- is the outstanding dues and Rs.7,18,837/- is the total dues as on 12.01.2017. It is also submitted that the period of loan expires on 31.03.2018. In such circumstance, the Bank shall reschedule the loan and shall communicate the EMI with the future interest applicable to clear the entire amount outstanding by 31.03.2018. The Bank shall issue such

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W.P.(C)No.222/2017

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statement, within a period of two weeks.

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Recovery proceedings shall be kept in abeyance

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on condition of the remittances as per this order being made without any default. On the petitioner making two defaults, the recovery steps initiated shall revive and continue. On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.

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The writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.

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Sd/K. VINOD CHANDRAN, JUDGE

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SB/12/01/2017

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// true copy //

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P.A to Judge

Mohammed a M v. Sundaram Bnp Paribas Home Finance Limited

Case brief

What is this about?

What did the court decide?

Mohammed a M v. Sundaram Bnp Paribas Home Finance Limited

Case brief

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What did the court decide?

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