SEENA E.S v. LIC HOUSING FINANCE LTD

I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.

The specific case of the petitioner is that the petitioner has been making the repayment and maintaining the loan accounts initially. The default in repayment of the loan accounts occurred lately due to reasons beyond the control of the petitioner. The petitioner has provided substantial security which will safeguard the interest of the respondents.

In the facts and circumstances of the case, I am inclined to dispose of the writ petition giving a short and reasonable time to the petitioner to clear off her liability.

The writ petition is therefore disposed of with the following directions: (i) The petitioner shall remit the total overdue amount of 4,06,600/- in 12 equal ₹ and consecutive monthly instalments along W.P.(C) No.8285 of 2024 : 6 : with accruing interest and other administrative charges, if any. First of such instalments shall be paid on or before

27.03.2024. (ii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law. (iii) The petitioner shall also pay current EMIs along with the aforesaid payments. (iv) If the petitioner pays the instalments as directed above, any coercive proceedings against the petitioner shall stand deferred. AMR Sd/- N. NAGARESH JUDGE W.P.(C) No.8285 of 2024 : 7 : APPENDIX OF WP(C) 8285/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE DATED 26-09-2023. THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 5/12/2023. THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT OFFICE DATED 27.2.2024.