Allowed

Sheejamol, v. the Authorized Officer

Kerala HC10 Apr 2023WP(C)/2256/2023

Case brief

AI extract

What is this about?

In this writ petition, the High Court allowed Sheejamol to pay an overdue loan amount of Rs. 9,87,240 in twelve monthly instalments to the LIC Housing Finance Ltd. The court directed the bank to regularize the account upon payment, keep recovery steps in abeyance, and resume proceedings only upon two defaults.

What did the court decide?

Petitioner directed to pay overdue amount of Rs.9,87,240 in twelve equal monthly instalments; coercive recovery steps kept in abeyance; respondent to regularize account upon payment.

Sheejamol, Vs the Authorized Officer — Consumer Protection | Kerala HC (2023)

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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 T.R.RAVI

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MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945

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WP(C) NO. 2256 OF 2023

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PETITIONER:

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1SHEEJAMOL,
AGED 44 YEARS
W/O LATE SHIBU.P.N.,
POTTAYIL HOUSE, PARIPPU. P.O.,
KOTTAYAM DISTRICT, PIN - 686566
BY ADVS.
U.R.HARSHAKUMAR
SRI.ASP.KURUP

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RESPONDENTS:

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1THE AUTHORIZED OFFICER,
LIC HOUSING FINANCE LTD,
9TH FLOOR, LIC BUILDING
M.G.ROAD, ERNAKULAM, PIN - 682011
2THE MANAGER,
L.I.C. HOUSING FINANCE LTD,
KANNAMPURATH BUILDING, 1ST FLOOR,
M.C. ROAD, STAR JUNCTION,
KOTTAYAM,, PIN - 686001
BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
RENI A. MATHEW(K/524/2022)
SRI. M. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.2256 of 2023

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T.R. RAVI, J.

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

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W.P.(C.) No.2256 of 2023

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

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Dated this the 10^th day of April, 2023

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JUDGMENT

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The petitioner has approached this Court seeking permission to pay off the liabilities to the respondent bank in easy instalments.

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The Standing Counsel on instructions submits that the overdue amount is Rs.9,87,240/-.

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In the above circumstances, the writ petition is disposed of with the following directions:-

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i) The petitioner shall pay the overdue amount of Rs.9,87,240/- in twelve equal monthly instalments, the first instalment becoming payable on or before 10.05.2023 and the subsequent instalments payable on or before the 10^th day of the succeeding months. If the

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petitioner pays the entire instalments as

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WPC No.2256 of 2023

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directed above, the respondent shall regularise

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the loan account;

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ii) The petitioner shall continue to pay the regular instalments along with the instalments as directed above;

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iii) If the petitioner makes two defaults in the payment of the instalments as directed above, the respondents will be at liberty to continue with the proceedings for recovery;

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iv) Coercive steps for recovery shall be kept in abeyance for facilitating the payments by instalments as directed above.

Sd/-

T.R.RAVI

JUDGE

SKP/10-04

WPC No.2256 of 2023

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APPENDIX OF WP(C) 2256/2023

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PETITIONER’S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE DEATH CERTIFICATE DATED 20-11-
2020 ISSUED BY THE SUB-REGISTRAR OF BIRTH AND
DEATH, ARPOOKKARA GRAMA PANCHAYATH IN RESPECT
OF THE DEATH OF SHIBU P.N.
EXHIBIT P2TRUE COPY OF THE NOTICE DATED 16-06-2022 ISSUED
BY THE 1ST RESPONDENT UNDER SECTION 13(2) OF
THE SECURITIZATION AND RECONSTRUCTION OF THE
FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY
INTEREST ACT, 2002

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Sheejamol, v. the Authorized Officer

Case brief

What is this about?

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Sheejamol, v. the Authorized Officer

Case brief

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