The High Court · 2025

.....RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order, or direction more particurarry one in the nature of writ Mandamus decraring the action of the respondents in not considering the requests of the petitioner for expanding the roan tenure, by reducing the EMr ./ amount from Rs. 4S,4OOI_ to Rs. 25,000/_ per month, Frertaining to Two Loan Accounts vide Loan No 712g00001583 and Loan No. 712goooo15B4, inspite of petitioner making a representation on 04. 12. 2024 in dLre c,ompriance with the orders of this Honbre court in w. p No. 32g4012024, datecr 25. 11. 2o24as highry illegal' arbitrary and in vioration of principres of naturar justice, consequenry set ASidE thE iMPUgNEd RCPIY VidC REf LICHFL/HYD/ JADCI-IERLA/LEGAL/REPLY/ 2024112- 02, dated 19. 12 2024, issued by the 4th respondent. I.A.N O:1 oF 2024 Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respondents to consider the representation of the petrtioner dated 04. 12 2024' by expanding the roan tenure, by reducing the iMr amount from Rs. 45,400/- to Rs. 25,000/- per month, pe(aining to Two Loa, Accounts vide Loan No 71290000'1 583 and Loan No. 712goooo15B4, in the right of the orders of this Hon'ble Court in W p No. 32940/2024, dated 25 11 . 2024 , pernding disposal of the writ petition. l.A.NO:1 oF 2025 Petition Under Section 15'1 cpc praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of a' further proceedings pursuant to the ,,Notice to the Legar heirs,,, dated 01.05.2025, issued by the 3rd respondent, pending disposal of the writ petition. Counsel for the petitioner : DR.N.RAVI KUMAR Counsel for the Respondents : SRI BATHULA RAJ KIRAN The Court made the following ORDER , THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No. 36848 OF 2ol24 ORDER: Heard Iearned counsel for petitioner, and Sri Bathula Raj Kiran, learned Sanding Counsel appearing for respondent Nos.2 to 5.

2. The main grievance of the petitioner in this Writ Petition is to the inaction of rhe respondents in considering the requests made by the petitioner in compliance with the orders of this Court in WP.No.32940 of 2024, dt.25.17.2024 by expanding the loan tenure and reducing the trMI amount from Rs.45,40O/- to Rs.25,0OO/- per month pertaining to Two Loan Accounts.

3. It is the case oi the petitioner that her husband na ntely lale Nagaraju Pagidipala, durrng his life time had obtained two loans of Rs.3,OO,OOO/- and Rs.39,25,000/- from the respondents, and after the sudden demise of her husband on

22.05.2024, the 5d, respondent had issued Recall Notice, dt.l6.Og.2}24 stating that due to non-payment of EMIs, the loans would be classified as NPA ald called upon the petitioner to pay the unpaid trMIs and after receipt of the said notice, the petitioner had approached the 5ft respondent and submitted a 2 representation, dt.08. 11.2024, explaining her financial situation and sought for expansion of trMI tenure by reclucing the EN4l amount, and as the respondents did not take any action, she had earlier approached this Court by filing Writ Pr:tition uide WP.No.3294O of 2024, and this Court b1' order dated dt.25. 1 1.2024 directed the respondents to dispose of the aforesaid representation within three (03) wceks after giving an opportunity of hearing to thc petitioner and to pilss a reasoned order.

4. Petitioner further submits that pursuant tc thr: directions of this Court, the 4ttt respondent issued the unpttgned reply simply putting forlh lhe ke1, considerations and stating that they are unable to accede to the request of the petitioner, but did not specifically state as to what guidelir-rer; or rules are prohibiting them from considering the case of the petitioner, and therefore, seeks a direction to the rt:spondents to restructure the loan by expanding the tenure b y rr:ducing the EMI amount.

5. Counter aflidavit has been flled by responclents No.2 to 5 under the signature of the 3.d respondent. By ttLe said counter afhdavit, while denying the writ averments, it is submitted that J the petitioner's grievances were duly considered and responses were provided within the scope of the respondents' authority and obligation s uide reply, dt.19.12.2o24. It is further stated that the relief sought for by the petitioner is untenable in the light of the binding terms of the loan agreement and the regulatory framework, and thus, prayed to dismiss the writ petition.

6. Learned Standing Counsel has also filed a Memo, dt.23.O7 .2025, enclosing therewith the response of the Authorized Otficer of the respondents-LlCHFl, dt.lg .O7 .2025. By the said communication, the Authorized Ofhcer of the respondents had stated that as per the loan offer letter and agreement executed soleiy by the deceased-husband of the petitioner, EMI restructuring is permrtted only upon part repayment of the outstanding principal, which is not applicable in this case. Further, the RBI circular cited by the petitioner permits elongation of tenure or alteration of EMIs only during the lifetime of the borrower, and subject to assessment of repayment capacit5r, and therefore the LICHFL is unable to consider any reduction in EMI or extension of temrre in this case, as the borrower is deceased and there is no co-applicant or surviving parq/ to the agreement. It is further stated that 4 : the petitioner may contact the Jadcherla Area Office for assistance and guidance regarding the existing kran liability

7. Evidenlly, the petitioner's husband, who availed loans during his lifetirne from the respondents-LlCHF L haC deceased, leaving l-.ehind the petitioner and their son :1s lcgal heirs. Admittedly, the responsibility to repay the loarrs falls on the legal heirs or co-applicants, In thc present case, as per the loan agreements, there is no co-applicant a nd thus, the responsibility to clear off thc loans lies solcly or-r the legal herrs, to the extent of the assets inherited bv them.

8. Though the petitioner, being the legal heir of hcr deceased-husband, is rvilling to pay the loan amountl; :rvailed by her husband during his lifetime, due to financial constraints occurred owing to the death o[ her husband, she. is seeking for restructuring of the loan tenure by reducing the trMI, and considering the above situation, the rcspondents arc directecl to restructure the loan tenure by reducing the e;<isting trMI of Rs.45,4OO/- to Rs.25,OOO l- or to the least possible, on compassionate grounds for making the repal me nt process easler 5

9. With the above direction, the Writ Petition is disposed of- No order as to costs Consequently, miscellaneous applications, pending if any, shall stand closed \ To //TRUE COPY// SD/.MOHD, ISMAIL EPUTY REGISTRAR SECTION OFFICER I 1 The Administrative Officer, Life lnsurance Coroorati o of India, Corporate Communication Department, yoqakshema Buitdino , Jeevan Bima Marg, P. O tsox No - 19953, Ir/umbai - 4OOO,1 2. The Authorized officer, Life rnsurance corporation of rndia Housing Finance !I!:-H:rgs its Corporate Office at 131, M;ke; Tower_ r premLesiriir, -- ^ Ftoor, uufie parade, IVIumbai - 400 005, lVlaharashtra. , Jl]^tifr_,!."urance,Corporation of tndia Housinq Finance Limited. 2O1,2nd Froor Krishe sapphire, south Brock, sy. No. s8l vraonapui, Hiiect cit'v-rvrrr" Road. Hyderabad - 50008.1

5.1127, Ground Ftoor, Road tto. 4 I!:^4r"^, Manager, LIC Housing Finance Limited, Area Office D. No. 18- RpF{e Colony, irrtanaOuOnag-i FioaO, - .Ladqfgrla- 509301, Mahabubnagar District S p,r;{rj lVtgnitoring Officer (CMO);f LtC Housing Finance Limited, Jadcherta Lru Housrng Frnance Limited, Area office D. No. 1g- 51/27. Ground Froor, -- ' R_oad No. 3, ApHB Colony, Mahabubnagar RoaO, .llOcfrerfi_ SOs30f , Mahabubnagar District. -S

6. One CC to DR.N.RAV| KUMAR, Advocate IOPUCI I One CC to SRI BATHULA RAJ KIRAN, Advocate topucl 8. Two CD Copies SA BS Sl. t, SEP 20fr i i*..' r\- -\ (-".ra ^.. ' -r l. .-1- .-r-- -\/i-7.. i t-., - - ., - _'.--:._::1 .:':-1;:_.-,-'- HIGH COURT DATED:26108t2025 t', 'r, l,; \'. '.!, i.,.' 'q ORDER WP.No.3684B ot 2024 DISPOSING OF THE W.P WITHOUT COSTS. i I i i I ! I t rl Vler