WP(C)/12072/2025 of MAMMIKUTTY, Vs THE AUTHORIZED OFFICER, on 10 April 2025

JUDGMENT

Petitioner has approached this Court challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due from the petitioner.

2. Learned Standing Counsel appearing for the respondent bank submits that the petitioner availed credit facilities from the respondent bank and committed default in repayment. It is submitted that, this is the second round of litigation at the instance of the petitioner, challenging the same proceedings. The earlier writ petition filed by the petitioner [as W.P.(C) No. 37334 of 2023] was disposed of on 14.11.2024, permitting the petitioner to pay off the then outstanding amount in fifteen instalments. However, it is submitted, the petitioner failed to comply with the directions issued by this Court, prompting the respondent to continue with the proceedings initiated against the petitioner. It is submitted that, as on 26.03.2025, the total outstanding liability which is liable to be repaid is Rs.35,99,451/- (Rupees Thirty five lakh ninety nine thousand four hundred and fifty one only). It is submitted that, sale of the property of the petitioner was scheduled to be held on 27.03.2025. It is submitted that, no sale took place for want of bidders. It is submitted that, in such circumstances, purely as a matter of indulgence, respondent bank is willing to accept the outstanding liability in instalments. It is submitted that, a sum of Rs.5 lakh has been remitted by the petitioner in the Savings Bank Account maintained with the respondent bank and that may be permitted to be adjusted forthwith.

3. Learned counsel appearing for the petitioner submits that the petitioner has no objection in adjusting the amount in the Savings Bank Account of the petitioner and the petitioner may be permitted to clear off the balance liability in some instalments.

4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount of Rs.35,99,451/- (Rupees Thirty five lakh ninety nine thousand four hundred and fifty one only) along with accrued interest, cost and charges in twelve instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.35,99,451/- (Rupees Thirty five lakh ninety nine thousand four hundred and fifty one only) along with any accrued interest, cost and bank charges from the petitioner in the following manner:

(i) The respondent bank is permitted to forthwith adjust the amount available in the Savings Bank Account of the petitioner against the loan liability;

(ii) The balance outstanding amount of Rs.30,99,451/- (Rupees Thirty lakh ninety nine thousand four hundred and fifty one only) shall be repaid in twelve equated monthly instalments along with any accrued interest, charges and costs;

(iii) The first instalment shall be paid on or before 15.05.2025. and the subsequent instalments shall be paid on or before the 15th day of the succeeding months;

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

(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. It is made clear that this order is being passed on the basis of consent and on the basis of the extremely fair stand taken by the

learned counsel appearing for the respondent bank before this Court and no further extension of time will be considered under any circumstances. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 12072/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 17.1.2023 UNDER SECTION 13(2) OF SARFAESI ACT BY 1ST RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF REVENUE RECOVERY NOTICE DATED 20.2.2023 BY 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF POSSESSION NOTICE DATED 26.10.2023 UNDER RULE 8(I) OF SECURITY INTEREST (ENFORCEMENT) RULES ISSUED BY 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF JUDGMENT DATED 14.11.2024 IN W.P.(C) NO.37334/2023 OF THE HON’BLE HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF RE-PAYMENT SCHEDULE DATED 27.11.2024 BY RESPONDENT BANK Exhibit P6 TRUE COPY OF RECEIPT DATED 6.12.2024 FOR PAYMENT OF RS.2,50,000/- ISSUED BY RESPONDENT BANK TO THE PETITIONER Exhibit P7 TRUE COPY OF TREATMENT PLAN AND DOCTOR’S INSTRUCTION DATED 27.2.2025 ISSUED TO THE PETITIONER FROM BABY MEMORIAL HOSPITAL LTD. Exhibit P8 TRUE COPY OF SALE NOTICE DATED 24.2.2025 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT