Arun Bhanu vs Pnb Housing Finance Limited
2026 Latest Caselaw 388 Ker

Kerala High Court

Arun Bhanu vs Pnb Housing Finance Limited on 15 January, 2026

WP(C) NO. 48196 OF 2025
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

    THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947

                          WP(C) NO. 48196 OF 2025

 AGAINST THE ORDER DATED IN SA NO.801 OF 2025 OF DEBT RECOVERY

                          TRIBUNAL- 2, ERNAKULAM

PETITIONER:

             ARUN BHANU
             AGED 38 YEARS
             CHERAVALLIL KIZHAKKETHARA HOUSE, DESATHINAKAL,
             PERUNGALA P.O, ALAPPUZHA, PIN - 690559

             BY ADV SRI.NIRMAL V NAIR


RESPONDENT:

             PNB HOUSING FINANCE LIMITED
             REPRESENTED BY ITS AUTHORISED OFFICER, BRANCH OFFICE
             AT COCHIN, 48/559C, 1ST FLOOR, RP ARCADE, NEAR GOLD
             SOUK MALL, PONNURUNNI, VYTTILA P.O, ERNAKULAM, PIN -
             682019


             BY ADVS.
             SRI.SABU S.KALLARAMOOLA
             SRI.LEEJOY MATHEW.V.
             SMT.SINDHU MATHEW
             SHRI.SIMSAR UL HAQ K.Y



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 48196 OF 2025
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                                JUDGMENT

(Dated this the 15th day of January, 2026)

The request of the petitioner is to direct the respondent to handover

possession of the residence of the petitioner and his family comprised in

Re.Sy.No.37/2 of Block No. 24 of Kayamkulam Village, Karthikapally

Taluk, Alappuzha District. Pursuant to the order passed by this Court on

19.12.2025, the petitioner made a concrete proposal for one-time settlement,

which was accepted by the respondent Bank, and Ext.P17 was issued,

whereby the total amount to be remitted towards one-time settlement is

Rs.22,00,000/-, out of which Rs.2,17,600/- was to be paid on or before

31.12.2025 and the balance amount of Rs.19,82,400/- is to be paid on or

before 31.01.2026. The petitioner has paid the first installment of

Rs.2,17,600/- within time, and the second installment is due only on

31.01.2026.

2. The learned counsel for the petitioner submits that they are ready

to pay the overdue amount and that, if the amount is paid, physical

possession shall be given back to them. This is vehemently opposed by the

learned counsel for the respondent contending that once the petitioner

moved the Bank for one-time settlement and the proposal was accepted, the

petitioner cannot now turn back and the payment of only the overdue

amount.

WP(C) NO. 48196 OF 2025

2026:KER:3293

3. The further request of the petitioner is that they may be permitted

to remove the required movables from the secured asset. If the petitioner

makes such a request before the Bank, the same shall be considered

positively within a period of one week from today.

4. Taking into consideration the facts and circumstances of the case,

and also the fact that the petitioner's father is ailing, time is granted till

31.03.2026 to remit the balance amount of Rs.19,82,400/- (Rupees Ninteen

Lakhs Eighty Two Thousand Four Hundred only), along with any accrued

interest, costs and charges, which shall be paid in three equal monthly

installments. The first installment shall be paid on 29.01.2026, and the

subsequent installments shall be paid on or before 28 th of the succeeding

months.

The writ petition petition is disposed of accordingly.

Sd/-

BASANT BALAJI JUDGE GBG WP(C) NO. 48196 OF 2025

2026:KER:3293

APPENDIX OF WP(C) NO. 48196 OF 2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LOAN SANCTIONING LETTER DATED 9.05.2017 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE LOAN SANCTIONING LETTER DATED 6.11.2017 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT NUMBER HOU/COC/0117/343608 DATED 16.03.2020 Exhibit P4 A TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT NUMBER HOU/COC/0917/426054 DATED 16.03.2020 Exhibit P5 A TRUE COPY OF THE NOTICE UNDER SECTION 13(2) DATED 9.05.2022 Exhibit P6 A TRUE COPY OF THE SECTION 13(4) NOTICE DATED 24.12.2022 Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 25-1-2023 IN W.P.(C) 683/2023 ON THE FILES OF THIS HONOURABLE COURT Exhibit P8 A TRUE COPY OF THE RELEVANT PORTION OF THE STATEMENT OF BANK ACCOUNT OF THE PETITIONER HELD WITH THE SOORANAD BRANCH OF THE CATHOLIC SYRIAN BANK FOR THE PERIOD FROM 1- 1-2023 TO 11-11-2025 Exhibit P9 A TRUE COPY OF THE NOTICE DATED 1-12-2025 ISSUED BY ADVOCATE SAMEENA.H TO THE PETITIONER Exhibit P10 A TRUE COPY OF THE TREATMENT CARD OF THE PETITIONER'S FATHER ISSUED BY THE DEPARTMENT OF RADIOTHERAPY, MEDICAL COLLEGE HOSPITAL, VANDANAM Exhibit P11 A TRUE COPY OF THE S.A. NO.801/2025 ALONG WITH THE ANNEXURES AND THE TRUE COPY OF AFFIDAVIT AND PETITION FOR STAY IN I.A. NO.

Exhibit P12 A TRUE COPY OF THE RELEVANT PORTION OF THE CAUSELIST DATED 17-12-2025 OF DEBT RECOVERY TRIBUNAL-2, ERNAKULAM Exhibit P13 A TRUE COPY OF CASE STATUS OF S.A. NO.

801/2025 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL - 2, ERNAKULAM Exhibit P14 A TRUE COPY OF THE PHYSICAL POSSESSION NOTICE DATED 18-12-2025 AFFIXED ON RESIDENCE OF THE PETITIONER WP(C) NO. 48196 OF 2025

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Exhibit P15 TRUE COPY OF THE PHOTOGRAPHS OF THE PADLOCKS AND THE NOTICES ON THE FRONT AND BACK ENTRANCE OF THE PETITIONER'S HOUSE Exhibit P16 A TRUE COPY OF THE LETTER DATED 27-12-2025 ISSUED BY THE RESPONDENT Exhibit P17 A TRUE COPY OF THE OTS PROPOSAL DATED 31- 12-2025 ISSUED BY THE RESPONDENT TO THE PETITIONER