Surakumar V vs Hdfc Bank

Type Court Judgment Court Kerala Decided Feb 01, 2023

~3 min read

https://sooperkanoon.com/case/1411658

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1411658
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Feb 01, 2023
Case Number: WP(C)/42790/2022

Parties & Advocates

Appellant / Petitioner

Surakumar V

Respondent

Hdfc Bank

Excerpt

.....ambily s k.k.chandran pillai (sr.)(c-41) this writ petition (civil) having come up for admission on 01.02.2023, the court on the same day delivered the following:t.r. ravi, j.w.p.(c) no.42790 of 2022 dated this the 01st day of february, 2023judgmentsee order dated 30.01.2023. the counsel for the petitioner submits that the petitioner will not be in a position to pay the overdue amounts by instalments beginning from february, 2023. since the petitioner had approached this court earlier also it will not be appropriate for this court to show any further indulgence. in such circumstances, this writ petition is disposed of permitting the petitioner to pay the overdue amount of rs.3,74,170/- in six equal monthly instalments, the 1 st instalment becoming payable on or before 02.03.2023 and the subsequent instalments becoming payable on or before the 2 nd day of the succeeding months. the petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount. if the petitioner makes a single default in the payment of the instalments as directed above, the bank will be at liberty to proceed with further steps for recovery. sd/- t.r.ravi judge mpm appendix of wp(c) 42790/2022 petitioner's exhibits exhibit p1 the true copy of the judgment dated 24-06-2022 in wp (c) no.13019 of 2022 of the hon'ble high court of kerala. exhibit p2 the true copy of the judgment dated 31-08-2022 in w.p.( c ) no.27967/2022 of the honourable high court of kerala. exhibit p3 account statement of v. sura kumar in a/c no.632934547. exhibit p4 the true copy of the salary slip of surakumar for the month of september 2022 issued by sr. audit officer,office of the principal accountant general (audit-i). exhibit p5 true copy of the certificate dated 21-12- 2022,issued by senior audit officer, office of the principal accountant general (audit -i),thrissur exhibit p6 the true copy of the notice dated 20-12-2022 issued by the advocate's commissioner.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 PETITIONER: SURAKUMAR V AGED 56 YEARS, S/O VISWAMBARAN NAIR 'LEKSHMI', THOTTUMPURAM, KADUVAPARA, PALODE, PACHA P.O., THIRUVANANTHAPURAM - 695562. BY ADV ARUNIMA N.R. RESPONDENTS: 1 HDFC BANK, HDFC HOUSE, VAZHUTHACAUD, POST BOX NO.2288, THIRUVANANTHAPURAM-695010, REPRESENTED BY ITS MANAGER. 2 AUTHORISED OFFICER, HDFC BANK HDFC HOUSE, VAZHUTHACUAD, POST BOX NO. 2288, THIRUVANANTHAPURAM - 695010. BY ADVS. PRAJEESH CHACKO AMBILY S K.K.CHANDRAN PILLAI (SR.)(C-41) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
W.P.(C) No.42790 of 2022 Dated this the 01st day of February, 2023

JUDGMENT

See order dated 30.01.2023. The counsel for the petitioner submits that the petitioner will not be in a position to pay the overdue amounts by instalments beginning from February, 2023. Since the petitioner had approached this Court earlier also it will not be appropriate for this Court to show any further indulgence. In such circumstances, this writ petition is disposed of permitting the petitioner to pay the overdue amount of Rs.3,74,170/- in six equal monthly instalments, the 1 st instalment becoming payable on or before 02.03.2023 and the subsequent instalments becoming payable on or before the 2 nd day of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount. If the petitioner makes a single default in the payment of the instalments as directed above, the Bank will be at liberty to proceed with further steps for recovery. Sd/- T.R.RAVI JUDGE mpm APPENDIX OF WP(C) 42790/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 24-06-2022 IN WP (C) NO.13019 OF 2022 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 31-08-2022 IN W.P.( C ) NO.27967/2022 OF THE HONOURABLE HIGH COURT OF KERALA. Exhibit P3 ACCOUNT STATEMENT OF V. SURA KUMAR IN A/C NO.632934547. Exhibit P4 THE TRUE COPY OF THE SALARY SLIP OF SURA

KUMAR FOR THE MONTH OF SEPTEMBER 2022 ISSUED BY SR. AUDIT OFFICER,OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT-I). Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 21-12- 2022,ISSUED BY SENIOR AUDIT OFFICER, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT -I),THRISSUR Exhibit P6 THE TRUE COPY OF THE NOTICE DATED 20-12-2022 ISSUED BY THE ADVOCATE'S COMMISSIONER.

Same Court & Year Kerala · 2023 Same Parties Surakumar V vs Hdfc Bank Same Judge Honourable Mr. Justice T.R.Ravi