Kerala High Court
Pankajakshi G vs Manappuram Home Finance Ltd on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 38932 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 38932 OF 2024
PETITIONER:
PANKAJAKSHI G,
AGED 75 YEARS
W/O LATE GOPALAKRISHNAN, PAKALLIL HOUSE, NEAR
PANACHUVATTIL TEMPLE, AMAYIDA, KARUMADI, AMBALAPUZHA
P.O, ALAPPUZHA, PIN - 688561
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE
K.M.FATHIMA
RESPONDENTS:
1 MANAPPURAM HOME FINANCE LTD,
KOTTAYAM BRANCH, REP. BY ITS MANAGER, PIN - 686001
2 AUTHORISED OFFICER,
MANAPPURAM HOME FINANCE LTD., KOTTAYAM, PIN - 686001
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
FARAH JYOTHI PRADEEP(K/1240/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38932 OF 2024 2
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JUDGMENT
The present Writ Petition has been filed for the following prayers:
(i)Issue a writ in the nature of certiorari or any
other appropriate writ order or direction calling for
the records culminated in the issuance of Ext P5
and quash the same. (ii) Issue a writ in the nature
of mandamus or any other appropriate writ order
or direction directing the respondents 1 and 2 to
put the petitioner back in possession of the secured
asset.
(iii) Issue a direction to the respondent to
regularise the account of the petitioner, after
properly appropriating the amounts remitted by
her in the loan account.
(iv) Issue an order staying all further proceedings
pursuant to Ext P5 notice issued by the 2nd
respondent till the disposal of the above Writ
Petition (Civil).
(v) May dispense with filing translation of
vernacular documents.
(vi) Issue such other order or direction as this
Hon'ble Court deems fit and proper to grant in the
nature and course of the proceedings.
2. The petitioner's late husband had availed a housing loan of
Rs.4,08,113/- from the respondent Finance Company for the purpose of
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repairing and maintaining of the house by creating an equitable
mortgage over her property having an extent of 2.02 Ares in Block No.16
in Re-Sy.No.250/22 (Old Sy.No.580/6) of Karumadi Village,
Ambalapuzha Taluk, Alappuzha District.
3. It appears that after the death of her husband, there had
been some defaults in making repayment of the loan in terms of the
loan agreement, and therefore, the respondent Finance Company, after
classifying the loan account of the petitioner as Non-Performing Asset,
has proceeded under the provisions of the SARFAESI Act and Rules
made thereunder.
4. The learned counsel for the respondent Finance Company on
instructions, submits that as of today, the total outstanding amount is
Rs.5,09,686/--.
5. The learned counsel for the petitioner submits that, due to
the unfortunate death of her husband, the loan was not repaid. However,
the petitioner wants to remit the loan amount in installments.
6. The learned counsel for the respondent Finance Company
raised some objections, but does not have a very serious one for
granting installment facility for discharging the loan liability by the
petitioner.
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Considering the said stand of the learned counsel for the
respondent Finance Company, the present writ petition is disposed
of with following directions:
1. The petitioner shall pay the entire outstanding amount in
24 equal monthly installments along with regular installments. The
1st installment is to be paid on or before 25.11.2024 and the
remaining 23 installments are to be paid on or before 25th day of
each succeeding month.
2. After making payment of five installments regularly, the
possession of the secured asset shall be handed over to the
petitioner.
3. However, the petitioner makes any further defaults, the
petitioner shall hand over the possession back to the respondent
Finance Company or the respondent Finance Company shall be free
to take possession of the secured asset, in accordance with law.
Sd/- D. K. SINGH
JUDGE
lsn
2024:KER:83278
APPENDIX OF WP(C) 38932/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISCHARGE CARD DATED
20.4.2022 ISSUED BY THE DOCTOR TREATING THE
PETITIONER,
Exhibit P2 TRUE COPY OF THE NOTICE DATED 18-04-2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P3 TRUE COPY OF THE NOTICE DATED 08-01-2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P4 TRUE COPY OF JUDGEMENT DATED 19.1.2024 IN
WP(C) NO.2287 OF 2024
Exhibit P5 TRUE COPY OF NOTICE DATED 9.10.2024 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
