Ancy Salim vs The Hdfc Bank Ltd
2023 Latest Caselaw 9626 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       WP(C) NO. 29516 OF 2023
PETITIONER:

          ANCY SALIM,
          AGED 29 YEARS, D/O. SALIM,
          OLIVE KALISTA, ARISTA 3D, EDACHIRA,
          KAKKANAD, KOCHI-, PIN - 682030.

          BY ADVS.
              SRI. BIJITH S.KHAN
              SRI. RESHMA T.



RESPONDENTS:

    1     THE HDFC BANK LTD.,
          HDFC HOUSE, POST BAG NO. 1667,
          RAVIPURAM JUNCTION, M.G. ROAD, KOCHI.
          REPRESENTED BY ITS SENIOR MANAGER, PIN - 682015.

    2     THE AUTHORIZED OFFICER,
          THE HDFC BANK LTD., ERNAKULAM BRANCH,
          HDFC HOUSE, POST BAG NO.1667, RAVIPURAM JUNCTION,
          M.G. ROAD, KOCHI, PIN - 682015.

          BY ADV.
             SRI. T.RAJESH - SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
       WP(C) NO. 29516 OF 2023

                                    2


                    DINESH KUMAR SINGH, J.
                        --------------------------
                    W.P.(C) No.29516 of 2023
                          -------------------------
             Dated this the 8th day of September, 2023

                            JUDGMENT

1. The present Writ Petition (Civil) under Article 226 of the

Constitution of India is filed for the following reliefs;

i) to declare that the petitioner is entitled to repay the arrears as on date along with the future installments as an when it falls due and that the respondents are legally bound to accept the same;

ii) issue writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the respondents to allow the petitioner to pay the arrears as on date in 20 monthly installments along with a future monthly installment as and when it falls due and also direct the respondents to drop all proceedings initiated against them;

iii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts P3 and quash the same and all proceedings initiated pursuant to the same;

iv) Dispense the petitioner from filing the English translation of documents in vernacular language produced along with this writ petition.

v) issue such other writ, order or direction, as this Hon'ble Court may deem fit in the fact and circumstances of the case.

WP(C) NO. 29516 OF 2023

2. The petitioner has availed a housing loan from the

respondent bank for an amount of Rs.73,75,782/- (Rupees Seventy

three lakh seventy five thousand seven hundred and eighty two

only) in the year 2018 by mortgaging her residential apartment in

Olive Houses and Apartments, Edappally North Village, Ernakulam

Taluk, Ernakulam. The tripartite agreement was entered into

between the petitioner, the builder and the Bank that the loan

amount with interest has to be repaid within twenty years in

monthly installments up to 2039. It appears that the petitioner

has defaulted in making payment of the monthly installments and

therefore the petitioner's loan account was declared NPA in May,

2023. As on today, the overdue amount is Rs.4,89,639/- (Rupees

Four lakh eighty nine thousand six hundred and thirty nine only).

Learned Counsel for the petitioner submits that the petitioner is

willing to pay the overdue amount in four equal monthly

installments, besides regular monthly installments. She also

undertakes to get the deed registered of the two flats from the

builder within two months.

3. Considering the above submission and having heard the

Learned Counsel for the Bank, the present writ petition is

disposed of with a direction to the petitioner to deposit the WP(C) NO. 29516 OF 2023

overdue amount of Rs.4,89,639/- (Rupees Four lakh eighty nine

thousand six hundred and thirty nine only) in four equal monthly

installments. The first installment in respect of the overdue

amount shall be paid on or before 30.09.2023 besides the regular

installment. The petitioner is also directed to get the deed of the

two flats registered from the builder within a period of two

months from today. In case the petitioner fails to deposit the

installments as directed above, the Bank is free to proceed with

SARFAESI proceedings for realization of its dues.

With the aforesaid directions the writ petition is finally

disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 29516 OF 2023

APPENDIX OF WP(C) 29516/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PETITIONER ACCOUNT STATEMENT WITH IDBI BANK SHOWING THE TRANSFERRING OF AMOUNT TO THE LOAN ACCOUNT OF THE PETITIONER WITH THE RESPONDENT BANK TILL 21.08.2023

EXHIBIT P2 THE TRUE COPY OF THE E-MAIL REPLY FROM THE RESPONDENT BANK DATED 09.05.2023

EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 12.06.2023