Kerala High Court
Ajayan Kumar Krishnan Nair vs M/S Hdfc Bank on 27 January, 2026
WP(C) NO. 44310 OF 2025
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2026:KER:8218
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 44310 OF 2025
PETITIONER/S:
AJAYAN KUMAR KRISHNAN NAIR
AGED 49 YEARS
S/O KRISHNAN NAIR, NRA KRISHNAVILASOM, TC/44/110,
KUZHIVILAKOM, VALIYATHURA P.O,THIRUVANANTHAPRAM,
PINCODE-, PIN - 695008
BY ADV SRI.R.B.BALACHANDRAN
RESPONDENT/S:
1 M/S HDFC BANK,
HDFC HOUSE, P.B NO:2288,
VAZHUTHACAUD,THIRUVANANTHAPURAM , REPRESENTED BY ITS
AUTHORIZED OFFICER, PIN - 695010
2 KRISHNAN NAIR,
S/O CHELLAPAN PILLAI, NRA KRISHNAVILASOM, TC/44/110,
KUZHIVILAKOM, VALIYATHURA P.O, THIRUVANANTHAPRAM., PIN
- 695008
BY ADVS.
SMT.S.AMBILY
SMT.RUPA R. NAIR
SRI.K.K.CHANDRAN PILLAI (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44310 OF 2025
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BASANT BALAJI J
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W.P.(C) No. 44310 of 2025
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Dated 27th day of January 2026
JUDGMENT
At the request of the petitioner and the 2nd respondent, the 1st respondent Bank sanctioned a housing loan of ₹23,34,274/- (Rupees Twenty-Three Lakh Thirty-Four Thousand Two Hundred and Seventy-Four only) on 23.12.2013. The said loan was secured by creating a mortgage over immovable property having an extent of 2.43 Ares of land together with all improvements thereon, comprised in Re-Sy. Nos. 2927/1-3 and 2927/1 of Muttathara Village, Thiruvananthapuram Taluk. Owing to a slump in business and substantial expenses incurred towards the medical treatment of the 2nd respondent, the loan account became irregular and the petitioner could not remit the instalments promptly. Consequently, the respondent Bank classified the loan account as a WP(C) NO. 44310 OF 2025 3 2026:KER:8218 Non-Performing Asset and initiated proceedings under the provisions of the SARFAESI Act. Aggrieved by the said proceedings, the petitioner has approached this Court.
2. When the matter was taken up for consideration today, the learned counsel for the petitioner submitted that the entire amount due to the Bank has been remitted and, consequently, the loan account stands closed.
In view of the above, there is no further dispute requiring adjudication, and accordingly, this writ petition is closed.
Sd/-
BASANT BALAJI, JUDGE
RMV
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APPENDIX OF WP(C) NO. 44310 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE UNDER SECTION 13(12)
& 13(2) OF THE SECURITISATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002, DATED 17.06.2025 ISSUED BY THE AUTHORIZED OFFICER OF THE RESPONDENT BANK Exhibit P2 TRUE COPY OF THE ORDER DATED 26/09/2025 ISSUED BY THE LEARNED CJM , THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE NOTICE DATED 10.11.2025 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER