The Hdfc Bank Limited (Earlier Hdfc LTD) vs. Reliance Project And Property Management Services LTD.

WP(C)/30148/2023HC KeralaGSTCNR KLHC01066418202329 February 2024Bench: HONOURABLE MR.JUSTICE N.NAGARESH10 pages
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Held

The High Court noted that the parties had entered into an out-of-court settlement. It directed both the borrowers and the bank to abide by the agreed terms, which included payment of arrears in installments and direct payment of rent by tenants to the bank. The borrower was also required to provide GST bills to the tenant for such payments.

Facts

The petitioners, borrowers from HDFC Bank, filed an O.P.(DRT) challenging a Debts Recovery Tribunal order, while HDFC Bank filed a W.P.(C) seeking directions for tenants to pay rent directly to the bank. Both petitions arose from a financial advance and subsequent recovery proceedings.

Key Issues

The key legal issues involved challenging a DRT order related to debt recovery and seeking judicial directions for tenants to remit rent directly to the bank to settle loan dues.

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Heard together (2 matters)

OP (DRT) NO. 485 OF 2022
WP(C).30148/2023

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 29TH DAY OF FEBRUARY 2024/10TH PHALGUNA, 1945 OP (DRT) NO. 485 OF 2022 SA NO.495 OF 2022 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM PETITIONERS/APPLICANTS: 1 RAVIKUMAR P. AGED 58 YEARS, S/O. SHIVASANKARAN NAIR P.C., T. 12/10, EAGLE TON ENCLAVE, SHANUMANGALA ROAD, BIDADI, HOBLI, BENGALURU, KARNATAKA, PIN – 562 109. 2 SINDHU K.G. W/O. RAVIKUMAR P., T. 12/10, EAGLE TON ENCLAVE, SHANUMANGALA ROAD, BIDADI, HOBLI, BENGALURU, KARNATAKA, PIN – 562 109. BY ADVS. N.K.SUBRAMANIAN M.RISHIKESH SHENOY(K/1027/2001) GEORGE G.POOTHICOTE(K/901/1990) ANN MARY.V.I(K/001298/2023) ATHUL TOM(K/1424/2018) RESPONDENT/DEFENDANT: HDFC LTD. HDFC HOUSE, PO NO. 1667, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI REPRESENTED BY ITS AUTHORIZED OFFICER, PIN – 682 016. BY ADVS. AMBILY S K.K.CHANDRAN PILLAI (SR.)(C-41) LAKSHMI ANIL(K/002184/2022) THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 29.02.2024, ALONG WITH WP(C).30148/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(DRT) No.485 of 2022 and W.P.(C) No.30148 of 2023 : 2 : IN THE HIGH COURT OF KERALA AT ERNAKULAM P

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