Kerala High Court
Divya S vs Punjab National Bank Housing ... on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
WP(C) NO. 2968 OF 2022
PETITIONER:
DIVYA S
AGED 37 YEARS
W/O SANAL KUMAR.R.
T.C.-54/512, S L SADANAM
KARAKKAMANDAPAM
NEMOM (P.O)
THIRUVANANTHAPURAM-695 020
BY ADVS.
K.RAJESH KANNAN
M.RAMASWAMY PILLAI
AJITH C.R.
SEETHA.P
B.THARIF
RESPONDENT:
PUNJAB NATIONAL BANK HOUSING FINANCE LTD.
VAZHUTHACAUD BRANCH
FIRST FLOOR, KEK TOWER, F1
OPPOSITE TO TRIDA
VAZHUTHACAUD
THIRUVANANTHAPURAM-695 010
REPRESENTED BY ITS RECOVERY OFFICER
ADV.PAULOCHAN ANTONY -STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.2968/2022
2
JUDGMENT
Dated this the 28th day of January, 2022
The petitioner is before this Court seeking to direct
the respondent to regularise the loan account of the petitioner
No:HOU/TRI/1217/463567 and allow the petitioner to remit the
overdue amount payable to the respondent in 15 equal
monthly instalments.
2. The petitioner states that she and her husband
availed a housing loan from the respondent-Bank. The loan
sanctioned was ₹35 lakhs and the tenure of repayment was
15 years. The petitioner has been remitting the equated
monthly instalments promptly. However, due to Covid-19
pandemic, there occurred certain defaults in the remittances.
3. Due to Covid-19 pandemic, the petitioner's husband
WP(C)No.2968/2022
who has been working abroad was rendered underemployed
and the petitioner is facing severe financial difficulties. The
petitioner is taking every effort to remit the over due amount.
However, the respondent-Bank is demanding the petitioner to
clear the entire outstanding at once.
4. The respondent has invoked proceedings under
SARFAESI Act, 2002 and an Advocate Commissioner has
issued Ext.P5 notice stating that the property will be taken
possession on 31.01.2022. Hence, the petitioner is before
this Court.
5. The learned Standing Counsel for the respondent,
on instructions, submitted that the petitioner is a consistent
defaulter. The petitioner has leased out the property to a 3 rd
party without getting permission from the Bank. The petitioner
in fact is receiving rent from the tenant and at the same time
not paying the equated monthly instalments due to the Bank.
The petitioner's husband is working abroad. In such
circumstances, the Bank is justified in initiating proceedings
WP(C)No.2968/2022
under the SARFAESI Act.
6. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
respondent.
7. It is more or less an admitted position that the
petitioner has been remitting the equated monthly instalments
though there were certain defaults. According to the petitioner,
though the petitioner's husband is working abroad, the
Covid-19 pandemic has dented the income of the petitioner's
husband. It is in such circumstances that the defaults
occurred in repayment. Therefore, this Court is of the view
that a breathing time can be granted to the petitioner for
clearing the outstanding over dues.
8. In the circumstances, the writ petition is disposed of
with the following directions:
i) The petitioner shall remit an amount of ₹3 lakhs on
or before 28.02.2022.
ii) The petitioner shall remit the balance amount due in
WP(C)No.2968/2022
six equal monthly instalments along with the regular monthly
EMIs.
iii) If the petitioner remits an amount of ₹3 lakhs on or
before 28.02.2022, the coercive proceedings initiated against
the petitioner shall be kept in abeyance. If the petitioner
commits defaults in remitting ₹3 lakhs or the six monthly
instalments as directed above, the respondent will be free to
proceed with Ext.P5.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.2968/2022
APPENDIX OF WP(C) 2968/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED
20/11/2019 ISSUED BY THE RESPONDENT
BANK.
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 17/2/2018 ISSUED BY THE KALLIYOOR
GRAMA PANCHAYAT.
Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT BANK DATED 4/3/2021 FOR A
PAYMENT OF RS.37,500/- BY THE HUSBAND
OF THE PETITIONER.
Exhibit P4 TRUE COPY OF THE NOTICE DATED
06/01/2022 SENT BY THE ADVOCATE
COMMISSIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 20/1/2022
SENT BY THE ADVOCATE COMMISSIONER
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
