Kerala High Court
Rajesh Kelothidathil vs Pnb Housing Finance Limited on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 16499 OF 2022
PETITIONERS:
1 RAJESH KELOTHIDATHIL
AGED 51 YEARS,
S/O.P.M.DHAMODHARAN ADIYODI,
PUTHUKAD, KARUMALLOOR VILLAGE,
PARAVUR, ERNAKULAM - 683 511.
2 K.NALINI
AGED 79 YEARS,
W/O.LATE P.M.DHAMODHARAN ADIYODI,
ARAKILLAD, PUTHUR P.O., PIN - 673 104,
VADAGARA- KOZHIKODE DIST.
BY ADVS.
SRI.KRISHOB K.NAIR
SMT.K.U.HASEENA
RESPONDENTS:
1 PNB HOUSING FINANCE LIMITED HEAD OFFICE,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
9TH FLOOR, ANTRIKH BHAWAN,
22 KASTHURBA GANDHI MARG,
NEW DELHI - 110001.
2 PNB HOUSING FINANCE LTD.
BRANCH OFFICE, REPRESENTED BY ITS AUTHORIZED
OFFICER, 48/559C, 1ST FLOOR,
R.P.ARCADE, NEAR GOLD SOUK MALL,
PONNURUNNI, VYTILLA,
ERNAKULAM - 682 019.
W.P.(C) No.16499/22
-:2:-
SRI.PRADEESH CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.16499/22
-:3:-
BECHU KURIAN THOMAS, J.
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W.P.(C) No.16499 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank, have
committed default in repayment. Consequently, proceedings
have been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioners have confined
the relief to an opportunity for repaying the overdue amount in
instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that
the petitioners committed default in repayment and the overdue
amount is Rs.9,36,174/-. It was further submitted that though
proceedings for recovery have been initiated, as a matter of
indulgence, the respondent bank is willing to accept repayment
of the overdue amount in limited instalments and regularise the
loan account.
4. I have heard Sri.Krishob K.Nair, the learned counsel for
the petitioners as well as Sri.Pradeesh Chacko, the learned
W.P.(C) No.16499/22
Standing Counsel for the respondents.
5. Having regard to the circumstances of the case and the
situation now prevailing, apart from the submissions made as
recorded above, I am of the view that the petitioners can be
granted an opportunity to repay the overdue amount in '10'
instalments 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
bank to accept repayment of the entire overdue amount of
Rs.9,36,174/- along with bank charges from the petitioners and
regularise the loan account of the petitioners on the following
conditions:
(i) The overdue amount of Rs.9,36,174/- shall be
repaid in nine monthly instalments.
(ii) The first instalment of Rs.1,00,000/- shall be paid
on or before 31.05.2022 and the remaining
instalments shall be paid on or before the 30 th day of
the succeeding months.
(iii) Petitioners shall continue to pay the regular EMI's
along with the instalments directed above.
(iv) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
W.P.(C) No.16499/22
accordance with law.
(v) In order to enable the petitioners to repay the
entire amounts, all coercive proceedings shall be
kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
W.P.(C) No.16499/22
APPENDIX OF WP(C) 16499/2022
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LOAN ACCOUNT
STATEMENT OF THE 1ST PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE MC BEARING NO.223
OF 2020 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE (SPECIAL COURT FOR CASE
RELATED TO MPS/MLAS) ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER TO THE 2ND
PETITIONER.
