SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 56349

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MANU.M – Appellant
Versus
THE HDFC BANK LTD – Respondent
WP(C) NO. 38017 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.P.J.JUSTINE, SRI.C.H.ABDUL RASAC
For the Respondents: SMT.S.AMBILY, SMT.RUPA R. NAIR, SRI.K.K.CHANDRAN PILLAI (SR.)

The withdrawal of a demand notice under the SARFAESI Act negates the basis for any pending proceedings, affirming the borrower's non-default status.

Headnote:(1) The petitioner's housing loan was not in default as demonstrated by Exts.P1 to P4. The demand notice issued under the SARFAESI Act was later withdrawn, indicating the absence of pending proceedings. (2) The main issue concerned the validity of the demand notice and the status of the loan. The court found that the notice was void due to its withdrawal, emphasizing compliance with statutory requirements. (3) The writ petition was ultimately closed in favor of the petitioner.

JUDGMENT

(Dated this the 28th day of November, 2025)

The petitioner availed a housing loan from the 2nd respondent bank by mortgaging his residential property. Exts.P1 to P4 shows that the petitioner has not committed any default in repaying the instalments. However, the petitioner received Ext.P5 demand notice issued by the bank stating that there is an arrear of Rs.18,42,376/- as on 31.01.2025.

The learned Standing counsel for the respondent has made available the letter issued to the petitioner wherein it is specifically stated that the demand notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 has already been withdrawn and that no SARFAESI proceedings are pending as on today. Therefore, this writ petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top