Ciciya Johnson @ Sruthy, v. Sundaram Home Finance Ltd.
Case brief
What is this about?
A writ petitioner who defaulted on a One Time Settlement proposal for a housing loan sought an extension to clear dues. The High Court permitted time to pay the entire outstanding amount, interest, and charges by 07.01.2024 but denied further enlargement, while allowing a future proposal if available.
What did the court decide?
Time granted to clear entire outstanding amount, interest, and bank charges by 07.01.2024; liberty to propose OTS separately.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF DECEMBER 2023/16TH AGRAHAYANA, 1945 WP(C) NO. 14392 OF 2023
PETITIONER:
CICIYA JOHNSON @ SRUTHY, AGED 30 YEARS W/O TINU, ARAKKAL HOUSE, RAMESWARAM VILLAGE, MUNDAMVELI PO, ERNAKULAM, PIN – 682507
BY ADVS. MILLU DANDAPANI RONIT ZACHARIAH DIVYA JOSE
RESPONDENTS:
1 SUNDARAM HOME FINANCE LTD., MARINE DRIVE BRANCH, ELISABETH ALEXANDER BUILDING, SHANMUGHAM ROAD, ERNAKULAM, PIN – 682031
2 THE AUTHORIZED OFFICER, SUNDARAM HOME FINANCE LTD., SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI, PIN – 600014
BY ADVS. BASIL MATHEW P.BINNY JOSEPH
Issues for consideration
3 issues framed by the court
Whether a borrower can be granted time to clear outstanding dues after failing to meet One Time Settlement deadlines.
Whether the writ petitioner can be allowed to clear the loan account by a fixed date despite defaulting on the settlement scheme.
Whether a new One Time Settlement proposal can be entertained without affecting the discharge directions given herein.
Parties & counsel
- petitioner
CICIYA JOHNSON @ SRUTHY
- respondent
SUNDARAM HOME FINANCE LTD.
- respondent
THE AUTHORIZED OFFICER, SUNDARAM HOME FINANCE LTD.
Coram
Case details
As recorded by the court registry
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