Petitioners sought to regularize a loan account and dispense with document translation. The Court noted they failed to remit an interim sum of Rs. 1,00,000 as directed, resulting in the dismissal of the writ petition.
None granted; writ petition dismissed for failure to remit the directed interim amount.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF DECEMBER 2023 / 14TH AGRAHAYANA, 1945 WP(C) NO. 3227 OF 2023
PETITIONERS:
1 ASWATHY MOHAN AGED 33 YEARS,KALLOOR, MUTHUKULAM NORTH P.O KARTHIKAPALLY, ALAPPUZHA, PIN – 690 506.
2 ARATHI MOHAN AGED 33 YEARS, KALLOOR, MUTHUKULAM NORTH P.O KARTHIKAPALLY, ALAPPUZHA, PIN – 690 506.
3 SREELEKHA S AGED 60 YEARS, KALLOOR, MUTHUKULAM NORTH P.O KARTHIKAPALLY, ALAPPUZHA, PIN – 690 506.
BY ADVS. BINU BABUKUTTAN VIDHU M.UNNITHAN RATHEESH C.
RESPONDENTS:
1 THE MANAGER, SUNDARAM HOME FINANCE LTD, 2ND FLOOR, CENTRE POINT K.P ROAD, ALAPPUZHA, PIN – 690 502.
2 THE AUTHORISED OFFICER SUNDARAM HOME FINANCE LTD, 2ND FLOOR, CENTRE POINT K.P ROAD, ALAPPUZHA, PIN – 690 502.
BY ADVS.
P.V.SARITHA VENUGOPAL N.P.RUKSANA(K/329/2015) ROHINI P.K.(K/000770/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3227 of 2023
: 2 :
JUDGMENT
Dated this the 5th day of December, 2023
The writ petition is filed by the petitioners seeking the
following reliefs:
(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to regularize the loan account of the petitioner, permitting him to repay due amount in 20 monthly installments.
(ii) Dispense with filing of the translation of vernacular documents.
(iii) Such other reliefs as this Hon'ble court deems fit and proper to this Hon'ble Court.
2. When this writ petition came up for admission on
01.02.2023, this Court passed an order to the following
effect:
Admit. Standing Counsel takes notice for the respondents. There will be an interim stay of further proceedings pursuant to Ext. P1 for a period of six weeks, on condition that the petitioners remit a sum of Rs.1,00,000/- (Rupees one lakh only) on or before 28.02.2023.
3. Standing Counsel representing the respondents
submitted that inspite of the interim order of this Court, the
petitioners have not remitted any amount.
W.P.(C) No.3227 of 2023
: 3 :
In the circumstances, I do not deem it necessary to grant any further relief to the petitioners. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE
AMR
W.P.(C) No.3227 of 2023
: 4 :
APPENDIX OF WP(C) 3227/2023
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 10.01/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
2 issues framed by the court
Whether to grant relief for regularising a loan account when the petitioner failed to remit the stipulated interim amount.
Whether to dispense with the filing of translation of vernacular documents.
Aswathy Mohan
Arathi Mohan
Sreelekha S
The Manager, Sundaram Home Finance Ltd
The Authorised Officer, Sundaram Home Finance Ltd
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
