Kerala High Court
Vijayalakshmi.B vs M/S. Sundaram Bnp Paribas Home Finance ... on 12 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF JUNE 2024/22ND JYAISHTA, 1946
WP(C) NO. 21042 OF 2024
PETITIONER:
VIJAYALAKSHMI.B
AGED 49 YEARS, W/O. BIJUKUMAR
PACHAMKULATHIL HOUSE, PERINGALA P.O,
ALAPPUZHA DISTRICT,, PIN - 690 559.
BY ADVS.
B.RENJITHKUMAR
CLARA SHERIN FRANCIS
RESPONDENTS:
1 M/S. SUNDARAM BNP PARIBAS HOME FINANCE LTD
REPRESENTED BY ITS CHIEF EXECUTIVE
SUNDARAM TOWERS 46, WHITES ROAD, CHENNAI,
PIN - 600 014.
2 THE BRANCH MANAGER
M/S. SUNDARAM BNP PARIBAS HOME FINANCE LTD
KAYAMKULAM BRANCH OFFICE, 2ND FLOOR
CENTRE POINT, NEW POST OFFICE K.P. ROAD,
KAYAMKULAM, PIN - 690 502.
3 THE AUTHORIZED OFFICER
M/S. SUNDARAM BNP PARIBAS HOME FINANCE LTD.
KAYAMKULAM BRANCH OFFICE, 2ND FLOOR CENTRE
POINT, NEW POST OFFICE K.P. ROAD,
KAYAMKULAM, PIN - 690 502.
BY ADV
P.BINNY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.21042 of 2024
:2:
JUDGMENT
Dated this the 12th day of June, 2024
The petitioner is aggrieved by the coercive
proceedings to take over her residential house in Re-Survey
No. 567/3 and 56713/2 (old Survey 10921) in Block No. 9 of
Ayanivelikulangara Village in Karunagappally Taluk in Kollam
District.
2. The petitioner states that she and her husband are
indebted to the 2nd respondent in respect of a housing loan of
Rs.19,00,000/- taken for the construction of a residential house
in the year 2016. The period of loan repayment has been fixed
as 30 years and the installment was fixed as Rs.19,800/- per
month. The said monthly installment was being paid regularly.
However, the brother in law of the petitioner suffered Liver
Disease. Therefore, the petitioner and her husband were
constrained to support her brother-in-law for the purpose of his
expensive treatment. Thus the monthly installments of the
housing loan could not be paid promptly.
3. During the earnest attempts of the petitioner to save
the life of her brother-in-law, the petitioner tried to pay the
dues. But the respondents initiated recovery proceedings. In
view of the Covid-19 pandemic, there was a direction by the
Reserve Bank of India to stop payment of installments of loan
for some-time. Further it was directed to reduce interest on all
bank loans. But the 2nd respondent did not extend any of the
concessions on Covid-19 pandemic period, contends the
petitioner.
4. The petitioner submits that inspite of the earnest
efforts of the petitioner, the loan dues could not be paid off.
The petitioner is prepared to sell off her house. Auction under
the SARFAESI proceedings will not fetch a reasonable market
price for the house of the petitioner. Therefore, on 05.08.2022,
the petitioner submitted a request to the 2nd respondent for
allowing her to sell the secured assets in a private sale. But
the 2nd respondent has neither replied nor acted upon the
request.
5. Thereafter the petitioner approached this Court filing
W.P.(C) No. 26970 of 2022 for permission for private sale. On
26.8.2022 this Court allowed the prayer for private sale. But
due to the SARFAESI proceedings as well as the prevailing
market negatives, the petitioner could not sell off the same.
Thereafter the petitioner approached the Debts Recovery
Tribunal, Ernakulam for setting aside the notice issued by the
Advocate Commissioner on 01.06.2023. The S.A. is pending.
But on 06.05.2024, the Advocate Commissioner issued
another notice requiring vacant possession of the building. The
petitioner has approached the 2nd respondent again for a
request to reschedule the loan amount or to extend 6 months'
time for private sale. Now the petitioner has to close the Bank
Loan and to search money for the liver transplantation of her
brother-in- law. Now as a shelter her brother-in-law, his wife,
children and age old father-in-law are living in the house. In the
said circumstances, on 07.06.2024, the petitioner has
submitted a request in this regard to the 2 nd respondent. The
request was refused by the 2nd respondent, contends the
petitioner.
6. I have heard the learned Counsel appearing for the
petitioner and the learned Standing Counsel representing the
respondents.
7. On behalf of the respondents, it is submitted that the
possession of the secured asset is scheduled to be taken on
13.06.2024. From Ext.P1 judgment in W.P.(C) No.27095 of
2019, I find that this Court has granted certain concession to
the petitioner for repayment of the amount. Ext.P1 was passed
on 28.10.2019. Subsequently, the petitioner approached this
Court filing W.P.(C) No.8201 of 2021. In the said writ petition
this Court granted the petitioner opportunity to pay the then
outstanding amount of Rs.29,71,672/- in five equated monthly
instalments.
8. It is evident that the petitioner has not adhered to
the said time schedule. The petitioner then filed R.P No.247 of
2022 in W.P.(C) No.8201 of 2021. This Court as per Ext.P4,
ordered that five instalments stipulated in the judgment in W.P.
(C) No.8201 of 2021 shall commence from 01.07.2022 instead
of 01.03.2022.
9. The petitioner could not clear the overdue amounts
even by then. The petitioner again approached this Court filing
W.P.(C) No.26970 of 2022. This Court directed that further
proceedings under the SARFAESI Act against the petitioner
shall be adjourned by a period of 45 days to enable the
petitioner to identify a purchaser for her property. This Court
directed that if such purchaser is willing to clear the entire
liability with the respondent-Finance Company within the afore
mentioned time, the petitioner will be permitted to sell the
property. In spite of Ext.P6 judgment, the petitioner could not
settle the loan account.
In the afore facts of the case, I am not inclined to
grant any further discretionary relief to the petitioner. The writ
petition therefore fails and it is dismissed.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 21042/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 27095/2019 DATED 28.10.2019 OF THIS
HON'BLE COURT.
Exhibit-P2 TRUE COPY OF THE REQUEST DATED
12.3.2021 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.
Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED
2.2.2022 IN W.P.(C) NO. 8201/2021 OF
THIS HON'BLE COURT.
Exhibit-P4 TRUE COPY OF THE JUDGMENT IN R.P. NO.
247/2022 DATED 8.6.2022 OF THIS HON'BLE
COURT.
Exhibit-P5 TRUE COPY OF THE REQUEST DATED 5.8.2022
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
Exhibit-P6 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 26970/2022 DATED 26.8.2022 OF THIS
HON'BLE COURT.
Exhibit-P7 TRUE COPY OF THE NOTICE DATED 6.6.2024
ISSUED BY THE ADVOCATE COMMISSIONER.
Exhibit-P8 TRUE COPY OF THE REQUEST DATED 7.6.2024
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
