IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 OP(Crl.).No. 2091 of 2011(Q) ---------------------------- CMP.2937/2010 of C.J.M.,KOTTAYAM .................... PETITIONER -------------------- HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC LTD. IN SHORT), RAMON HOUSE, 169 BACK BAY RECLAMATION, MUMBAI-400020, REP.BY THE AUTHORISED OFFICER, HDFC HOUSE, 3RD FLOOR, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682015. BY ADV. MR. C.P.SAJI SMT.P.DEEPTHI RESPONDENTS: --------------- 1. RAMAN.K.K. S/O. M.I.KUNJAN, MUNDACKAPARAMBIL HOUSE, ARNOOTTIMANGLAM.P.O., KADUTHURUTHY, KOTTAYAM-686604. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.B.JAYASURYA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 2091 of 2011(Q) APPENDIX --------------- PETITIONER'S EXHIBITS ---------------------------------- P1:- TRUE COPY OF THE LOAN AGREEMENT DATED 10.3.05 P2:- TRUE COPY OF THE NOTICE DATED 1.4.08 P3:- TRUE COPY OF THE DEMAND NOTICE DATED 17.5.10. P4:- TRUE COPY OF THE M.P.NO.2937/10 DT.25.9.10 FILED BY THE PETITIONER BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM. P5:- TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM DT.25.9.10 AND 19.10.10 P6:- TRUE COPY OF THE JUDGMENT DATED 31.2.11 IN WP(C) NO.2243/11 OF THE HON'BLE HIGH COURT OF KERALA. P7:- TRUE COPY OF THE PROCEEDINGS HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM DATED 2.6.11 AND 27.6.11 IN CMP NO.2937/10. RESPPONDENT'S EXHIBITS :- NIL RKC //TRUE COPY// PA TO JUDGE THOMAS P JOSEPH, J. ---------------------------------------- O.P(Crl).No.2091 of 2011 --------------------------------------- Dated this 01st day of July, 2011 JUDGMENT Petitioner filed Ext.P4, application dated 25.09.2010 before learned Chief Judicial Magistrate, Kottayam seeking assistance to take over possession of the secured assets. Learned Magistrate issued notice of that application to the respondents. Respondents approached this Court with W.P(C).No.2243 of 2011 requesting time for payment of the amount. This Court by judgment dated January 31, 2011 directed petitioner to keep in abeyance all further steps for dispossession and sale of the property (obviously pursuant to Ext.P4) subject to the condition that respondent No.1 remitted the entire amount in default (defaulted installments along with interest and expenses if any due) in two equal monthly installments falling due on or before 28.02.2011 and 31.03.2011 along with payment of regular EMI's due for the respective months. This Court also directed that if the amount in deposit is paid as aforesaid, petitioner shall permit respondent No.1 to continue payment of future monthly installments in accordance with the original schedule of repayment. This Court made it clear that on the event of default in payment of any one of the O.P(Crl).No.2091 of 2011 -: 2 :- installments as above stated or future monthly installments, petitioner shall be at liberty to proceed with future steps and on such event first respondent shall be precluded from raising any subsequent challenge against such proceeding. Grievance of petitioner is that in spite of Ext.P6, judgment first respondent has not complied with the said direction. It is submitted that Ext.P4, application is now posted on 02.07.2011. In the circumstance, it is prayed that learned Chief Judicial Magistrate may be directed to dispose of Ext.P4,petition within a time frame to be fixed by this Court. Learned counsel has placed reliance on the decisions in M/s.Sundaram BNP Paribas Home Finance Ltd Vs. State of Kerala and Ors. (2009(1) KHC 116) and Ayishumma and Ors. Vs. T.Hassan and Ors. (2009 KHC 757) to contend that respondents were not even entitled to get notice but learned Chief Judicial Magistrate has issued notice to them. 2. Question whether notice should have been issued to the petitioner is now not germane since notice is already issued and respondents have appeared before learned Chief Judicial Magistrate. Learned counsel submitted that in spite of Ext.P4, petition reliefs sought for have not been granted. It is certainly a matter which learned Chief Judicial Magistrate has to be alerted O.P(Crl).No.2091 of 2011 -: 3 :- about. Learned Chief Judicial Magistrate shall expedite his proceeding on Ext.P4, application in the light of Ext.P6, judgment of this Court and pass appropriate orders as early as possible and as provided under law. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-