IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WA.No. 1588 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26712/2011 Dated 19/10/2011 .................... APPELLANT(S): / PETITIONER -------------- S.MAHEEN SULEKHA MANZIL THEMPAMOODU, PULLAMPARA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD RESPONDENT(S): / RESPONDENT --------------- THE MANAGER LIC HOUSING FINANCE LTD., LEELA TOWER, KESAVADASAPURAM THIRUVANANTHAPURAM , PIN - 695 001. REPRESENTED BY ITS AUTHORISED OFFICER. BY MR.R.S.KALKURA, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/10/2011, ALONG WITH WPC NO. 26712 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1588/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A1 : COPY OF INTERIM ORDER DATED 11/10/2011 IN WP(C) NO.26712/2011. ANNEXURE-A2 : COPY OF JUDGMENT IN WP(C) NO.10631/2010 OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1588 & WP(C) No.26712 of 2011 .................................................................... Dated this the 25th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. Heard learned counsel for the petitioner/appellant and learned Standing Counsel Shri.R.S.Kalkura appearing for the respondent. 2. The petitioner/appellant is a Driver and has only 3½ cents of property. He was granted a house building loan of Rs.3.5 lakhs by the LIC Housing Finance Ltd., the respondent herein. The loan was granted in 2001 and the appellant has time for payment up to 2016. However, on account of chronic default, the respondent had to recall the loan installments and proceed for recovery under the SARFAESI Act. Learned counsel for the petitioner/appellant gave an undertaking in Court that the petitioner/appellant will clear the arrears in monthly installments of Rs.15,000/- each without any delay. However, W.A.No.1588 & WP(C) No.26712/2011 2 learned Standing Counsel opposed the same stating that the petitioner/appellant is unreliable because the earlier facility granted by this Court on his undertaking was dishonoured. 3. Considering the fact that the petitioner/appellant is a driver and has only 3 ½ cents of property, we feel one more opportunity can be granted to the petitioner / appellant to settle the entire liability in 10 equal monthly installments, the first of which will be paid on or before 20/11/2011 and the balance on or before 20th of every succeeding month without any default. In the event of any single default, there will be direction to the petitioner / appellant to vacate from the mortgaged property and hand over possession to the respondent, failing which the respondent will move this Court for violation of the undertaking besides proceeding for recovery. The respondent will work out the liability excluding penal interest and give a statement to the petitioner/appellant showing the monthly installments to be paid by reckoning W.A.No.1588 & WP(C) No.26712/2011 3 accumulated interest excluding penal interest and future interest, so that the appellant can remit the installments on the due dates without delay. The statement should be given to the petitioner / appellant within one week from the date of production of a copy of this judgment. Both the Writ Appeal and WP(C) are disposed of as above. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg