IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 28^TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 WP(C) NO. 4168 OF 2022 PETITIONER :

JESSY VARGHESE, AGED 45 YEARS, W/O. THOMAS GEORGE, KOYIPPURATHUSANKARATHIL, NOORANADU, PALAMEL P.O., ALAPPUZHA DISTRICT-690504.

BY ADVS.

P.CHANDRASEKHAR K.K.MOHAMED RAVUF SATHEESH V.T.

MANJARI G.B.

RESPONDENTS :

1 M/S. PNB HOUSING FINANCE LIMITED, REGISTERED OFFICE, 9TH FLOOR, ANTRIKSH BHAWAN 22- KASTURBA GANDHI MARG, NEW DELHI – 110 001, REPRESENTED BY ITS MANAGING DIRECTOR.

2 THE AUTHORISED OFFICER, PNB HOUSING FINANCE LIMITED, 48/559 C, 1ST FLOOR, RPRK, NEAR GOLD SOUK MALL, PONNURUNNI, VYTILA, ERNAKULAM-682019.

BY ADV. PAULOCHAN ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(C) No.4168 of 2022 =-=-=-=-=-=-=-=-=-=-=-=-=-=

Dated this the 28^th day of February, 2022

JUDGMENT

Petitioner as borrower from the respondent bank, has committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.

3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount as on today is Rs.25,12,991/-. It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account.

4. I have heard Sri.P.Chandrasekhar, learned counsel for the petitioner as well as Sri.Paulochan P.Antony, the learned Standing Counsel for the respondents.

5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in '15' instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.

6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.25,12,991/- along with bank charges from the petitioner and regularise the loan account of the petitioner on the following conditions :

(i) The overdue amount of Rs.25,12,991/- shall be repaid in '15' equated monthly instalments.

(ii) The first instalment shall be paid on or before

28.03.2022.

(iii) Petitioner shall continue to pay the regular EMI’s along with the instalments directed above.

(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 4168/2022 PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COY OF THE LOAN SANCTION LETTER.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 31/01/2017 FOR PAYMENT OF RS.42460/- BY THE 1ST RESPONDENT.

Exhibit P2(A) TRUE COPY OF RECEIPT DATED 20/09/2017 FOR PAYMENT OF RS.50,000/- BY THE PETITIONER'S HUSBAND TO THE 1ST RESPONDENT.

Exhibit P2(B) TRUE COPY OF RECEIPT DATED 17/01/2017 FOR PAYMENT OF RS.80,000/- BY THE PETITIONER'S HUSBAND TO THE 1ST RESPONDENT.

Exhibit P2(C) TRUE COPY OF RECEIPT DATED 27/12/2017 FOR PAYMENT OF RS.48,000/- BY THE PETITIONER'S HUSBAND TO THE 1ST RESPONDENT.

Exhibit P2(D) TRUE COPY OF RECEIPT DATED 30/12/2016 FOR PAYMENT OF RS.30,000/- BY THE PETITIONER'S HUSBAND TO THE 1ST RESPONDENT.

Exhibit P2(E) TRUE COPY OF RECEIPT DATED 26/10/2016 FOR PAYMENT OF RS.50,230/- BY THE PETITIONER'S HUSBAND TO THE 1ST RESPONDENT.

Exhibit P2(F) TRUE COPY OF RECEIPT DATED