IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 13439 of 2009(Y) -------------------------- CMP.1812/2009 of C.J.M.,KOLLAM .................... PETITIONER(S): ------------------------- SACHIN,AGED 30 YRS,S/O.KUTTAN PILLAI, POLICE CONSTABLE,MINI SADANAM, PAVITHRESWARAM.PO, KOTTARAKARA,KOLLAM. BY ADV. MR.SYAM J. SAM RESPONDENT(S): --------------------------- 1. AUTHORIZED OFFICER,DEWAN HOUSING FINANCE CORPORATION LTD(DHFL)GROUND FLOOR, PARAMESWARA TOWER, NEAR GEETHANJALI HOSPITAL, VAZHUTHACAUD,THIRUVANANTHAPURAM. 2. DEWAN HOUSING FINANCE CORPORATION LTD, REPRESENTED BY SENIOR MANAGER(AUTHORIZED OFFICER) DHEERAJ ARMA, 6TH FLOOR,ANANT KANEKAR MARG, BANDRA,MUMBAI. R1 & R2 BY ADV. MR.P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13439/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DTD. 8/01/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2: COPY OF THE REQUEST ISSUED TO THE RESPONDENTS DTD. 21/12/2009. P3: COPY OF THE NOTICE DTD. 6/11/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DTD. 20/02/2009. P5: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DTD. 31/03/2009. P6: COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DTD. 25/03/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 13439 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of June, 2009 JUDGMENT The coercive proceeding taken against the petitioner by the first respondent, when petitioner turned to be a defaulter in satisfying the monthly installments towards the housing loan secured by him, are sought to be intercepted in the present Writ Petition. 2. Referring to the specific averments in the counter affidavit, learned counsel for the respondent submits that there is already an arrears of Rs.52,289/- the towards the defaulted EMI, apart from such other expenses for regularizing the housing loan. Even though respondents are entitled to proceed against the petitioner for realization of the entire outstanding liability under the loan account, in view of the admitted default, the learned counsel for the respondents submits that they are ready and willing to give some breathing time to petitioner so as to enable him to clear the existing arrears and to continue to remit the EMI as provided. 3. In the above facts and circumstances, the petitioner is directed to clear the entire defaulted EMI with interest and cost till 30.6.2009, by way of two equal installments payable on or before the 30th of this month and the 30th of the next month and continue to effect the regular EMIs payable in respect of July, 2009 onwards. On such an event, the WP (C) No. 13439 of 2009 : 2 : loan account of the petitioner will stand regularized. It is made clear that, respondents will entitled to proceed with further coercive steps, from the point where it stands now, for realization of entire outstanding liability in lump sum, if any default is committed from the part of the petitioner in clearing the existing arrears as stated above, or if any two consecutive EMIs are defaulted. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd