Augustine Henry vs Housing Development Financial Corporation (Hdfc) Ltd

Type Court Judgment Court Kerala Decided Jan 30, 2023

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Citation: sooperkanoon.com/1334707
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Jan 30, 2023
Case Number: WP(C)/2825/2023

Parties & Advocates

Appellant / Petitioner

Augustine Henry

Respondent

Housing Development Financial Corporation (Hdfc) Ltd

Excerpt

.....the court on the same day delivered the following: w.p.(c.) no. 2825/2023 2judgmentthis writ petition is filed by the petitioner seeking the following reliefs:-“i) to issue a writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the respondent corporation to issue statement of accounts in respect of the six loan accounts maintained by the petitioner in the respondent corporation starting from the date of availing of loan as on today within a stipulated period of time;ii) issue such other writ, order or direction, as the hon'ble court may deem fit and proper in the facts and circumstances of the case; and iii) award costs to the petitioner from the respondents.2. the primary relief sought for in the writ petition is for providing statement of accounts of six loan transactions availed by the petitioner from the housing development financial corporation ltd.3. the learned standing counsel for the respondentbank submitted that they have no objection in providing statement of accounts of all the loan transactions. having heard sri. sivaraj p, learned counsel for the petitioner and smt. s. ambily, learned standing counsel for w.p.(c.) no. 2825/2023 3 the respondent bank, this writ petition is disposed of directing the respondent bank to provide statement of accounts of all the six loan transactions to the petitioner, within a period of one week from today. sd/- shaji p. chaly judge dcs/30.01.2023 w.p.(c.) no. 2825/2023 4 appendix petitioner exhibits exhibit p1 a true copy of the order dated 28.09.2022 in mc no.568/2022 of the chief judicial magistrate, kollam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 2825 OF 2023 PETITIONER: AUGUSTINE HENRY AGED 68 YEARS S/O.HENRY, HILL CREST, MANIYATH MUKKUM KAVANADU P.O., KOLLAM, PIN - 691003 BY ADV. P.SIVARAJ RESPONDENT: HOUSING DEVELOPMENT FINANCIAL CORPORATION (HDFC) LTD REPRESENTED BY AUTHORISED OFFICER, MR.SIVAKUMAR S., HDFC LTD, HDFC HOUSE, P.B.NO.2288, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010

BY ADVS.SRI. K.K.CHANDRAN PILLAI (SR.)(C-41) SMT.S.AMBILY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) No. 2825/2023 2

JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

“i) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the respondent corporation to issue statement of accounts in respect of the six loan accounts maintained by the petitioner in the respondent corporation starting from the date of availing of loan as on today within a stipulated period of time;

ii) issue such other writ, order or direction, as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and iii) Award costs to the Petitioner from the Respondents.

2. The primary relief sought for in the writ petition is for providing statement of accounts of six loan transactions availed by the petitioner from the Housing Development Financial Corporation Ltd.

3. The learned Standing Counsel for the respondent

Bank submitted that they have no objection in providing statement of accounts of all the loan transactions. Having heard Sri. Sivaraj P, learned counsel for the petitioner and Smt. S. Ambily, learned Standing Counsel for W.P.(C.) No. 2825/2023 3 the respondent Bank, this writ petition is disposed of directing the respondent bank to provide statement of accounts of all the six loan transactions to the petitioner, within a period of one week from today. Sd/- SHAJI P. CHALY JUDGE DCS/30.01.2023 W.P.(C.) No. 2825/2023 4 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 28.09.2022 IN MC NO.568/2022 OF THE CHIEF JUDICIAL MAGISTRATE, KOLLAM

Same Court & Year Kerala · 2023 Same Parties Augustine Henry vs Housing Development Financial Corporation ... Same Judge Honourable Mr. Justice Shaji P.Chaly