IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WA.No. 2488 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.23446/2009 DATED 14/10/09 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. RAMAKRISHNA PANICKER, AGED 54 YEARS, S/O. LATE GOVINDA PANICKER, PADINJAREMADATHIL HOUSE, VELLANKULANGARA, HARIPAD.P.O, ALAPPUZHA DISTRICT, KERALA. 2. YAMUNA UNNI, `AMBADI', AKAMKUDI.P.O, NANGYARKULANGARA, HARIPPAD, KERALA. BY ADV. SRI.R.MANOJ RESPONDENTS/RESPONDENTS: ---------------------------------- 1. DEWAN HOUSING FINANCE CORPORATION LIMITED, HAVING ITS OFFICE AT DHEERAJ ARMA, 6TH FLOOR, ANANT KANEKAR MARG, BANDRA (E), MUMBAI. 2. THE AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LIMITED, IST FLOOR, K.M.M. BUILDING, PALARIVATTOM, COCHIN. 3. THE AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LIMITED, 2ND FLOOR, GOVINDAM BUILDING, OPP. MUNICIPALITY OFFICE, MAVELIKKARA. R1 TO R3 BY SRI.PAULACHAN ANTONY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2488 of 2009 ------------------------------------------ Dated this the 16th day of November, 2009 JUDGMENT A.K. Basheer, J. Appellants who had availed of a housing loan from respondent No.1, committed default in repayment. Therefore, the respondents had initiated recovery proceedings against the appellants. It was at that stage that the appellants had filed the writ petition seeking appropriate reliefs. 2. The learned Single Judge noticed that the appellants did not dispute the laibility to pay the amount or the quantum thereof. Therefore, the learned Single Judge disposed of the writ petition directing the appellants to pay the outstanding balance of Rs.1,23,000/- in four equal monthly instalments in addition to the equated monthly instalments due every month in order to help them to regularise the account. The four equal monthly instalments of the outstanding balance were to be paid on 1st of November and December, 2009 and January and February, 2010. 3. It is brought to our notice that the appellants have remitted the instalment due for the month of November today, along W.A.No.2488 of 2009 - 2 - with the equated monthly instalment. Learned counsel for the appellants submits that the appellants may be granted two more additional instalments so that the remaining dues can be paid off along with the equated monthly instalments. 4. Having regard to the peculiar facts and circumstances of this case it is directed that the appellants shall pay the remaining balance in six equal monthly instalments starting from December 1, 2009 and ending on May 1, 2010. It is made clear that in addition to the above instalments, the appellants shall also remit the equated monthly instalments every month without any default. If the appellants commit any default in making payment of any one of the instalments, it will be open to the respondents to proceed against them in accordance with law. Writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns