Allowed

Manikandan K K v. the Branch Manager

Kerala HC20 Feb 2023WP(C)/29/2023

Case brief

AI extract

What is this about?

Two writ petitions filed by a husband and wife seeking time to repay an overdue loan to Manappuram Home Finance Limited. The Court directed payment of the overdue amount in fifteen monthly instalments, with a proviso for resumption of coercive action in case of default.

What did the court decide?

Petitioner in W.P.(C.) No.29/2023 directed to pay overdue amount of Rs.1,44,137/- in fifteen equal monthly instalments; loan account to be regularised upon compliance; liberty to initiate coercive ste

Manikandan K K Vs the Branch Manager — Contract and Commercial Disputes | 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 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

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WP(C) NO. 29 OF 2023

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PETITIONER:

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1MANIKANDAN K K
AGED 48 YEARS
S/O. KARAPPAN , KIZHAKOOT HOUSE,
POOTHARAKKAL P.O, THRISSUR DISTRICT, PIN - 680561
BY ADV MAHESH V.MENON

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RESPONDENTS:

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1THE BRANCH MANAGER,
MANAPPURAM HOME FINANCE LIMITED THRISSUR BRANCH,
THIRUVAMBADY P.O, THRISSUR DISTRICT, PIN - 680022
2THE AUTHORISED OFFICER
MANAPPURAM HOME FINANCE LIMITED THRISSUR BRANCH,
THIRUVAMBADY P.O, THRISSUR DISTRICT, PIN - 680022
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2023, ALONG WITH WP(C).593/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WPC Nos.29 & 593 of 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 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

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WP(C) NO. 593 OF 2023

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PETITIONER:

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1SAJITHA MANIKANDAN
AGED 45 YEARS
BEHIND BLOCK ADATT, PURANATTUKARA, THRISSUR
PRESENTLY RESIDING AT KIZHAKOOT HOUSE,
PANAMUKKU.P.O, NEDUPUZHA LAKSHAMVEEDU,
KANIMANGALAM VILLAGE, THRISSUR TALUK, PIN - 680017
BY ADV V.C.MADHAVANKUTTY

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RESPONDENT:

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1MANAPPURAM HOME FINANCE LTD
THRISSUR BRANCH, NEAR ASWANI HOSPITAL,
OPP. BIG BAZAAR, PIN - 680056
REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2023, ALONG WITH WP(C).29/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WPC Nos.29 & 593 of 2023

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T.R. RAVI, J.

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

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W.P.(C.) Nos.29 & 593 of 2023

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

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Dated this the 20^th day of February, 2023

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JUDGMENT

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The petitioner in W.P.(C.) No.29/2023 is the husband and his wife is the petitioner in W.P.(C.) No.593/2023. Both the writ petition are filed against the steps taken for recovery of amounts which are owed to the first respondent. The petitioner in W.P.(C.) No.29/2023 is the principal borrower. The principal borrower seeks time to pay off the amounts in easy instalments.

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Counsel for the respondent on instructions submits that the amount overdue is Rs.1,44,137/-.

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In the above circumstances, these writ petitions are disposed of directing the petitioner in W.P.(C.) No.29/2023 to pay off the amount of Rs.1,44,137/- in fifteen equal monthly instalments, the first instalment falling due on or before 20.03.2023, and the

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WPC Nos.29 & 593 of 2023

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subsequent instalments becoming payable on or before the 20^th day of the succeeding months. The petitioner in W.P.(C.) No.29/2023 shall also continue to pay the regular instalments along with instalments towards the overdue amount. If the petitioner in W.P.(C.) No.29/2023 pays the entire instalments as directed above, the respondent shall regularise the loan account and if he makes a single default in the payment of instalments as directed above, the 1^st respondent will be at liberty to continue with the proceedings for recovery. In case of default, the respondent will be free to initiate coercive steps against either of the petitioners.

Sd/-

T.R.RAVI JUDGE

SKP/20-02

WPC Nos.29 & 593 of 2023

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APPENDIX OF WP(C) 29/2023

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PETITIONER’S EXHIBITS:
EXHIBIT P1A TRUE COPY OF THE NOTICE ISSUED BY ISSUED BY
THE ADVOCATE COMMISSIONER APPOINTED BY THE
CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED
13.12.2022

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RESPONDENTS' EXHIBITS:NIL

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WPC Nos.29 & 593 of 2023

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APPENDIX OF WP(C) 593/2023

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PETITIONER’S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE NOTICE ISSUED BY THE
COMMISSIONER IN MC.NO.753/2022 DATED 13.12.2022

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Manikandan K K v. the Branch Manager

Case brief

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Manikandan K K v. the Branch Manager

Case brief

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