Petitioner, a retired woman unable to pay loan EMIs due to lack of pension, sought stay on bank's coercive proceedings. Court declined further time as petitioner failed to comply with a previous 12-month installment order.
Petitioner at liberty to approach bank for One Time Settlement; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 1817 OF 2024
PETITIONER:
SREEKALA R
AGED 62 YEARS
SREELEKSHMI, SANTHI NAGAR 46, KILIKOLLOOR P.O,
KILIKOLLOOR, KOLLAM, PIN – 691004
BY ADV SHABU SREEDHARAN
RESPONDENT:
AUTHORISED OFFICER
PNB HOUSING FINANCE LTD.,
BRANCH OFFICE AT; 1ST FLOOR, KEK TOWER,
OPP. TRIVANDRUM DEVELOPMENT AUTHORITY,
VAZHUTHAKADU, THIRUVANANTHAPURAM, PIN – 695010
BY ADVS.
MADHU RADHAKRISHNAN
NELSON JOSEPH(K/380/2007)
M.D.JOSEPH(K/839/2008)
DEEPAK ASHOK KUMAR(K/1624/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.1817 of 2024
JUDGMENT
Dated this the 15th day of February, 2024
The petitioner availed a Housing Loan of ₹27,91,386/-
from the PNB Housing Finance Limited for purchasing a property with a residential building. The period of loan is 13 years and the EMI is ₹30,402/-.
3
WP(C) No.1817 of 2024
petitioner’s property and to grant 12 months time to clear off the arrears of the loan account.
4
WP(C) No.1817 of 2024
respondent, the petitioner is before this Court.
and the learned Standing Counsel representing the respondent.
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WP(C) No.1817 of 2024
jurisdiction as per Ext.P3 judgment, it will not be proper for this Court to grant further time to the petitioner.
The writ petition is therefore dismissed. However, the petitioner will be at liberty to approach the respondent-Bank for any arrangement / One Time Settlement in respect of the
loan account.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.1817 of 2024
6
APPENDIX OF WP(C) 1817/2024
PETITIONER EXHIBITS
Exhibit-P1THE TRUE COPY OF THE HOUSING LOAN
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE COMPETENT AUTHORITY
OF THE PNB HOUSING FINANCE LTD. DATED
30/08/2018
Exhibit-P2THE TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE RESPONDENT DATED
21.10.2021
Exhibit-P3THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 29577/2021 DATED 20.10.2022
2 issues framed by the court
Whether the petitioner should be granted further time to clear loan arrears after a prior order has already granted a 12-month installment plan which was not complied with.
Whether the High Court should restrain coercive proceedings pending the disbursement of the petitioner's expected pensionary benefits.
Colour shows how this judgement treated each authority
W.P.(C) No.29577 of 2021Referred¶19
1 provisions across 1 enactments
SREEKALA R
AUTHORISED OFFICER PNB HOUSING FINANCE LTD.
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court