Prasad K.G vs Pnb Housing Finance Ltd on 23 February, 2026

Kerala High Court

Prasad K.G vs Pnb Housing Finance Ltd on 23 February, 2026

WP(C) NO. 336 OF 2026

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                                                     2026:KER:16907

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE BASANT BALAJI
     MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
                        WP(C) NO. 336 OF 2026
PETITIONER/S:

          PRASAD K.G,​
          AGED 44 YEARS​
          S/O GOPI K.N., KOZHIPARAMBIL HOUSE, ARINGAZHIKULAM,
          MULAGUNNATHKAVU, KILLANNUR, THRISSUR, KERALA, PIN -
          680581


          BY ADVS. ​
          SHRI.VINAYAK G MENON​
          SRI.ARUN CHAND​
          SHRI.BHARAT VIJAY P.​
          SMT.MINU VITTORRIA PAULSON​
          SMT.ARCHANA P.P.​



RESPONDENT/S:

    1     PNB HOUSING FINANCE LTD.,​
          REPRESENTED BY ITS MANAGER, HAVING ITS BRANCH OFFICE AT
          2ND FLOOR, AMBILIKALA TOWER, SOUTH AMMAN KOVIL STREET,
          KOTTAPURAM, NEAR RAILWAY OVER BRIDGE, THRISSUR, PIN -
          680004

    2     THE MANAGER,​
          PNB HOUSING FINANCE LTD, HAVING ITS BRANCH OFFICE AT
          2ND FLOOR, AMBILIKALA TOWER, SOUTH AMMAN KOVIL STREET,
          KOTTAPURAM, NEAR RAILWAY OVER BRIDGE, THRISSUR, PIN -
          680004


          BY ADV SRI.SABU S.KALLARAMOOLA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 336 OF 2026

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                                                             2026:KER:16907

                           BASANT BALAJI J
                      ======================
                         W.P. (C) No. 336 of 2026
                     ========================
                      Dated 23rd day of February 2026

                                JUDGMENT

The petitioner had availed a loan in the year 2018 for an amount of

₹14,00,000/- from the respondent Bank. Subsequently, the petitioner

committed default in repayment of the loan amount as per the agreed

terms. In view of the said default, the respondent Bank initiated recovery

proceedings against the secured asset under the provisions of the

Securitisation and Reconstruction of Financial Assets and Enforcement

of Security Interest Act, 2002. Aggrieved by the measures so initiated by

the respondent Bank under the said Act, the petitioner has approached

this Court by filing the present writ petition.

WP(C) NO. 336 OF 2026

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2026:KER:16907

3. An interim order was passed on 13.01.2026 directing the petitioner

to remit Rs.1,00,000/- (Rupees one lakh only) within one month, and coercive

steps were deferred.

4. Today, the learned counsel for the petitioner submits that the amount

directed to be remitted as per the order dated 13.01.2026 has not been paid.

5. In South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip

[2023 KHC 6435], the Hon’ble Apex Court held that the remedy available to

the petitioner to move the Debts Recovery Tribunal is a statutory one, and that

this Court, while exercising jurisdiction under Article 226 of the Constitution

of India, cannot adjudicate disputed questions of fact. Hence taking note of

the fact of non-compliance as well as the above decision, this Writ Petition

is dismissed, without prejudice to the petitioner’s liberty to approach the Debts

Recovery Tribunal.

           ​     ​         ​   ​       ​       ​   ​     ​     Sd/-

                                                       BASANT BALAJI, JUDGE

   RMV
 WP(C) NO. 336 OF 2026

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                                                       2026:KER:16907




                APPENDIX OF WP(C) NO. 336 OF 2026

PETITIONER EXHIBITS

Exhibit P1              THE TRUE COPY OF THE POSSESSION NOTICE ISSUED

BY THE 1ST RESPONDENT BANK TO THE PETITIONER