High Court of Kerala dismissed a writ petition by a guarantor seeking restructuring of a housing loan. The petitioner failed to deposit the overdue amount within the deadline, leading the court to deny relief.
The petition to restructure the loan and permit payment in installments was denied.
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
TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945 WP(C) NO. 2639 OF 2024
PETITIONER:
BALKEES A.M., AGED 30 YEARS, W/O.NOUFAL V, VALIYAKATH HOUSE, 2/246/A, KADANGODE, KADANGODE P.O., THRISSUR, PIN – 680584
BY ADVS. A.N.SATHISH KUMAR SUJATHA E.R.
RESPONDENT:
AUTHORISED OFFICER/CHIEF MANAGER, CANARA BANK, PERUMPILAVU BRANCH, MAIN ROAD, KARIKKAD P.O., PERUMPILAVU, THRISSUR, KERALA, PIN – 680519
BY ADVS. GOPIKRISHNAN NAMBIAR M, SC K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2639/2024
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JUDGMENT
Dated this the 13th day of Februar y, 2024
The petitioner, who is a guarantor of a financial
assistance of ₹30 lakhs by way of a Housing Loan given to the borrower, has approached this Court seeking the
following reliefs:
“i) To issue a writ of mandamus or other appropriate writ or other directing the respondent Bank to restructure the loan amount of the petitioner and permit her to pay the overdue amount in convenient monthly installments.
ii) Grant such other relief as this Hon'ble Court may consider just and proper in the interest of Justice, including costs.
iii) To dispense English translation of the Malayalam documents.”
2. The prayer of the petitioner is to restructure the
loan amount and permit the petitioner to pay the overdue in
continuous monthly installments.
22.01.2024, the petitioner undertook that the overdue
amount of ₹4,74,073/- will be deposited within a period of
W.P.(C) No.2639/2024
: 3 :
two weeks. The Standing Counsel submits that the amount
has not been deposited by the petitioner so far.
petitioner deserves any relief as prayed for in the writ petition.
The writ petition is accordingly dismissed.
Sd/-
N. NAGARESH
JUDGE
SR
W.P.(C) No.2639/2024
: 4 :
APPENDIX OF WP(C) 2639/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ADVOCATE COMMISSION NOTICE DATED 06.12.2023
1 issue framed by the court
Whether a guarantor's writ petition for restructuring a housing loan and consequent relief deserves to be allowed when the petitioner failed to deposit the overdue amount within the stipulated period.
Balkees A.M.
Authorised Officer/Chief Manager, Canara Bank
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
