Allowed

Binoy Joseph v. the Authorized Officer, Sundaram Bnp Paribas Home Finance Limited

Kerala HC9 Jan 2020RP/1239/2019

Case brief

AI extract

What is this about?

The Court reviewed its own judgment regarding a loan repayment order where the petitioner failed to meet installment obligations due to impecuniousness. Instead of quashing the liability, the Court allowed time to pay a sum of Rs.10 lakhs by February 15, 2020, and the balance by March 20, 2020.

What did the court decide?

Petitioner permitted to pay Rs.10 lakhs by 15.02.2020 and balance amount with charges and interest by 20.03.2020.

Binoy Joseph Vs the Authorized Officer… — Contract and Commercial Disputes | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941

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RP.No.1239 OF 2019 IN WP(C). 39176/2018

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AGAINST THE JUDGMENT IN WP(C) 39176/2018(V) OF HIGH COURT OF KERALA

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REVIEW PETITIONER/PETITIONER IN THE WRIT PETITION:

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BINOY JOSEPH

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AGED 51 YEARS

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S/O. JOSEPH, KAVIL KALPURACKKEL HOUSE, ANDINADU P.O. 686 651, LALAM VILLAGE, KOTTAYAM.

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BY ADV. SRI.JOSEPH T.JOHN

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RESPONDENT/RESPONDENTS IN THE WRIT PETITION:

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1 THE AUTHORIZED OFFICER, SUNDARAM BNP PARIBAS HOME FINANCE LIMITED SUNDARAM TOWERS 46, WHITES ROAD, CHENNAI 600 014.

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2 THE BRANCH MANAGER, SUNDARAM BNP PARIBAS HOME FINANCE LIMITED 1ST FLOOR, SN SQUARE, (SNDP KOTTAYAM UNION OFFICE BUILDING), SN JUNCTION, NEAR ADAM TOWER M.C. ROAD, KOTTAYAM 686 001.

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OTHER PRESENT:

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SMT.S.AMBILY-SC

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No.1239 OF 2019 IN WP(C). 39176/2018

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O R D E R

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This petition has been filed by the petitioner seeking review of the judgment, dated 07.11.2018, not because there is any error apparent in the judgment but because, he has not been able to pay the amount as ordered by this Court. The petitioner says that this Court had permitted him to pay the overdue amount of Rs.8,57,977/-, along with all applicable charges and interest, in 11 equal monthly installments commencing from 07.01.2019 but that he has been able to pay only 6 among them on account of impecuniousness. He, therefore, prays that he be given time till 30.03.2020 to pay off the balance in the loan account and have it closed.

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Smt.S.Ambily, learned standing counsel for the respondent - Bank, submits that she has been instructed to say that the petitioner has not paid six installments but far less than that and that the amount due as on today is nearly Rs.35 lakhs. She says that if the petitioner is willing to pay substantial amounts within a few days, the Bank can permit him to pay the balance by 20^th of March, 2020.

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RP.No.1239 OF 2019 IN WP(C). 39176/2018

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when I consider the afore submissions, it is without doubt that the petitioner now seeks not to regularize the loan account, as has been permitted in the judgment, but to pay off the entire liability by end of March, 2020.

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In such circumstances, I am certain that he can be given a limited latitude and since the total outstanding is stated to be nearly Rs.35 lakhs, I allow this review petition to the extent of permitting the petitioner to pay Rs.10 lakhs on or before 15.02.2020 and the total balance in the account, along with all applicable charges and interest, on or before 20.03.2020.

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In all other aspects, the original judgment will stand unaltered and the Bank will be at liberty to invoke all remedies, as have already been permitted to them therein, in case the petitioner commits default of the directions in this order.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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Binoy Joseph v. the Authorized Officer, Sundaram Bnp Paribas Home Finance Limited

Case brief

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Binoy Joseph v. the Authorized Officer, Sundaram Bnp Paribas Home Finance Limited

Case brief

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