Allowed

S.Unnikrishnan v. P.N.B.Housing Finance Ltd. & Others

Kerala HC22 Sept 2010WA/1300/2010

Case brief

AI extract

What is this about?

The High Court allowed a writ appeal filed against an order initiating recovery proceedings by a housing finance company. The court restored the installment facility for the appellant after he paid Rs.75,000, directing monthly payments of Rs.5,000 to clear the balance amount.

What did the court decide?

Restored installment facility; ordered appellant to pay monthly installments of Rs.5,000 starting November 5, 2010, to clear remaining balance.

S.Unnikrishnan Vs P.N.B.Housing Finance Ltd… — Contract and Commercial Disputes | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932

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WA.No. 1300 of 2010()

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-------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.16509/2010 Dated 30/06/2010

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APPELLANT(S): PETITIONER

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------------------------------------- -----

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S.UNNIKRISHNAN, S/O.SUKUMARAN, AGED 37, UNNI NIVAS, KOLLAMKONAM, VILAPPISALA P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.C.K.MOHANAN

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RESPONDENT(S): RESPONDENTS

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-------------------------------------------------

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1. P.N.B.HOUSING FINANCE LTD., REP.BY ITS BRANCH MANAGER, CAPITAL TOWERS, 4TH FLOOR, STATUE, THIRUVANANTHAPURAM. 695 001.

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2. THE AUTHORIZED OFFICER, CAPITAL TOWERS, 4TH FLOOR, STATUE, THIRUVANANTHAPURAM. 659 001.

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3. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 695 024.

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R1 & R2 BY ADV. SRI.R.S.MOHANAN NAIR R3 BY GOVT. PLEADER SMT.ANU SIVARAMAN

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ.

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W.A No.1300 of 2010

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Dated this the 22nd September, 2010

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J U D G M E N T

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Ramachandran Nair, J.

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The writ petition was filed challenging the recovery proceedings for recovery of arrears of a house building loan availed by the appellant from the 1^st respondent which is a subsidiary of Punjab National Bank Ltd.

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We have heard learned counsel appearing for the appellant and learned standing counsel appearing for the 1st respondent.

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Ext.P5 shows that as on 17.5.2010 the appellant was in arrears of only of an amount of Rs.19,198/-. The first respondent vide Ext.P5 directed the appellant to make payment of the said amount to regularise the account. However, within a week, thereafter they issued Ext.P6 recalling the loan and demanding the entire balance amount which is over Rs.2 lakhs. It is against Ext.P6 the appellant approached this Court with the writ petition. Admittedly, under interim orders appellant has paid Rs.75,000/- in two instalments and the balance of the

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W.A No.1300 of 2010

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entire loan amount is Rs.1,22,000/-. In fact, the appellant has further 34 months time to clear the arrears in terms of the instalment scheme. The prayer is to restore the installment facility. In view of the payment of Rs.75,000/-, we feel the appellant is entitled to the restoration of the installment facility.

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The writ appeal is accordingly allowed by vacating the judgment of the learned Single Judge and by granting monthly instalment of Rs.5,000/- each. First instalment will be paid by the appellant on or before the 5th of November, 2010 and the entire balance amount without fail will be remitted in same monthly instalments before the 5th of every succeeding month. In the event of default in the payment of instalment, the facility granted by us will stand automatically vacated and respondents can proceed with recovery.

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C.N.RAMACHANDRAN NAIR JUDGE

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K.SURENDRA MOHAN JUDGE

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W.A No.1300 of 2010

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S.Unnikrishnan v. P.N.B.Housing Finance Ltd. & Others

Case brief

What is this about?

What did the court decide?

S.Unnikrishnan v. P.N.B.Housing Finance Ltd. & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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