Zeenath.K.A vs Hdfc Ltd
2022 Latest Caselaw 11807 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                      WP(C) NO. 41457 OF 2022
PETITIONER:

          ZEENATH.K.A
          AGED 49 YEARS
          W/O.LATE.SALAMULLA, D.NO.1 /296
          NEW STOP, VYSA VIDYA PEEDAM,
          PIRAYIRI, KALLEKKAD, PALAKKAD, PIN - 678006
          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENT:

          HDFC LTD

          P.K.M .COMPLEX,1ST FLOOR,
          MISSION SCHOOL JUNCTION,
          PALAKKAD-. REP BY ITS MANAGER, PIN - 678014
          BY ADV S.AMBILY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).NO. 41457 OF 2022
                                             2




                                  JUDGMENT

Dated this the 21st day of December, 2022

The late husband of the petitioner availed two loans

from the respondent financial institution. Both these loans

were for housing purposes. On default being committed,

proceedings were initiated against the husband of the

petitioner for recovery of amounts due. The husband of

the petitioner has approached the Debts Recovery

Tribunal by filing S.A No.52/2018 challenging the

proceedings initiated by the respondent financial

institution on the provisions of the SARFAESI Act. The

said Securitisation Appllication is stated to be pending.

2. The learned counsel appearing for the

petitioner submits that the husband of the petitioner died

on 07.05.2021. It is submitted that even after the death

of the husband of the petitioner, the petitioner paid nearly

Rs.3,25,000/-(three lakhs twenty five thousand only)

towards the loan liability despite the fact that the husband

of the petitioner was the only earning member of the W.P.(C).NO. 41457 OF 2022

family. It is submitted that the present overdue amount

may be permitted to be repaid in reasonable installments

along with regular EMIs.

3. The learned counsel appearing for the respondent

financial institution states that the Securitisation

Application filed by the late husband of the petitioner has

not yet been withdrawn despite the fact that he passed

away on 07.05.2021. It is submitted that the present

overdue amount after giving credit to the amounts

already paid is Rs.4,15,258/-(four lakhs fifteen thousand

two hundred and fifty eight only). It is submitted that the

respondent financial institution has no objection in

granting reasonable installments to the petitioner to clear

the liability.

4. I have heard the learned counsel for the petitioner

as well as the learned Standing Counsel for the

respondent financial institution.

5. Having regard to the facts and circumstances of

the case and the situation now prevailing, apart from the

submissions made as recorded above and considering the

fact that this is a housing loan and also taking into W.P.(C).NO. 41457 OF 2022

account the fact that the petitioner has undertaken to

clear off the overdue amount along with regular EMIs, I

am of the view that the petitioner can be granted an

opportunity to clear off the overdue amount in twelve

(12) equal monthly instalments, first of which shall be

paid on or before 15.1.2023 and thereafter, if the amount

so directed is repaid within the time as directed above, to

have the loan account regularised.

6. Accordingly, there will be a direction to the

respondent financial institution to accept repayment of

the entire overdue amount of Rs.4,15,258/-(four lakhs

fifteen thousand two hundred and fifty eight only) along

with bank charges from the petitioner and regularise the

loan account of the petitioner on the following conditions;

(i) The overdue amount of Rs.4,15,258/- together

with any accrued interest and charges shall be

repaid in twelve (12) equated monthly instalments;

(ii) The first instalment shall be paid on or before 15-

01-2023 and the subsequent instalments shall be

paid on the 15th day of every succeeding month;

(iii) Petitioner shall continue to pay the regular EMI's W.P.(C).NO. 41457 OF 2022

along with the instalments directed above;

(iv) In the event of default of any one instalment, the

respondent financial institution shall be entitled to

proceed in accordance with law;

(v) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be

kept in abeyance.

7. The petitioner shall take steps to withdraw S.A

No.52/2018 forthwith.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE AP W.P.(C).NO. 41457 OF 2022

APPENDIX OF WP(C) 41457/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO.618716967 /NAGA DATED 19.022016 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER NO.618717322/NAGA DATED 19.02.2016 ISSUED BY THE RESPONDENT Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 31.08.2021 ISSUED BY THE PIRAYIRI GRAMA PANCHAYAT Exhibit P4 TRUE COPY OF THE RECEIPT OF PAYMENT DATED 27.10.2021 IN THE NAME OF THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE RECEIPT OF PAYMENT DATED 15.12.2021 IN THE NAME OF THE RESPONDENT BANK Exhibit P6 TRUE COPY OF THE NOTICE DATED 12.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER IN MC : 249 OF 2022 BEFORE THE CJM PALAKAD