Sirajudheen vs Authorised Officer
2023 Latest Caselaw 3443 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                           WP(C) NO. 8574 OF 2023
PETITIONER:

             SIRAJUDHEEN
             AGED 40 YEARS, S/O. SHAMSUDHEEN, VALIYAKATHE HOUSE,
             POOVATHUR P.O, THRISSUR DISTRICT REPRESENTED BY HIS
             POWER OF ATTORNEY HOLDER MR. SHABEER, S/O. N.M
             BHASHEER, NALAKATHU HOUSE, PIPELINE ROAD, MANNUTHY,
             THRISSUR, PIN - 680 508

             BY ADVS.
             D.VIMAL DEV
             VISHNU NARAYANAN
             GIFFIN SHALOO



RESPONDENTS:

     1       AUTHORISED OFFICER, PNB HOUSING FINANCE LIMITED,
             AMBILIKALA TOWER, 2ND FLOOR, SOUTH AMMAN KOVIL STREET,
             KOTTAPURAM, NEAR OVER BRIDGE, THRISSUR, PIN - 680 001

     2       PNB HOUSING FINANCE LIMITED, AMBILIKALA TOWER, 2ND
             FLOOR, SOUTH AMMAN KOVIL STREET, KOTTAPURAM,
             NEAR OVER BRIDGE, THRISSUR, PIN - 680 001

     3       BHASHEER, AGED 62 YEARS, S/O. MAMU, NALAKATHU HOUSE,
             MANNUTHY P.O, THRISSUR DISTRICT, PIN - 680651

     4       AMEER P.M, AGED 52 YEARS, S/O. MUHAMMED V.K,
             PUTHENVEETTIL HOUSE, KAKKASSERY P.O, POOVATHUR,
             THRISSUR, PIN - 680511

             SRI. P. PAULOCHAN ANTONY, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.8574 OF 2023
                                     2




                               T.R. RAVI, J.
               --------------------------------------------
                     W. P. (C). No.8574 of 2023
                  --------------------------------------------
              Dated this the 24th day of March, 2023

                              JUDGMENT

The petitioner had earlier approached this Court by filing

WP (C) No.25746/2021, which was dismissed since there was no

credible proposal for settling the liabilities of the respondent

financial institution. This writ petition is filed with the prayer for

a direction to the respondents 1 and 2 to provide instalment

facility to the petitioner.

2. The counsel for the respondent on instructions

submits that the overdue amount comes to Rs.31 Lakhs and if

the petitioner is paying off the amount of Rs.10 Lakhs before the

end of this month, the question of grant of further instalments

can be considered. The learned counsel for the petitioner

submits that the petitioner will not be able to make the

payment.

The situation has hence not changed from what was

available at the time of disposal of the earlier writ petition and WP(C) NO.8574 OF 2023

no credible proposal is forthcoming. No grounds made out, the

writ petition is dismissed.

Sd/-

T.R. RAVI JUDGE ded/24.03.2023 WP(C) NO.8574 OF 2023

APPENDIX OF WP(C) 8574/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LOAN SCHEDULE ISSUED BY THE 2ND RESPONDENT DATED NIL

Exhibit P2 THE COPY OF THE WP(C) NO 11037 OF 2021

Exhibit P3 THE COPY OF THE WP(C) NO. 25746 OF 2021