Kerala High Court
WP(C)/14593/2025 of SEEKO BABY Vs THE AUTHORIZED OFFICER on 10 April 2025
OF 2025 1 2025:KER:31572 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 14593 OF 2025 PETITIONER: SEEKO BABY AGED 39 YEARS S/O.LATE BABY, PARAKKAL HOUSE, KSRA 49, ALAMBIMOOLA ROAD,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 14593 OF 2025
PETITIONER:
SEEKO BABY
AGED 39 YEARS
S/O.LATE BABY, PARAKKAL HOUSE, KSRA 49, ALAMBIMOOLA
ROAD, KANGARAPPADY, ERNAKULAM, PIN - 682021
BY ADVS.
C.VIVEK
ANAGHA MADATH THEKKEPATTE
RESPONDENTS:
THE AUTHORIZED OFFICER
FOR THE PUNJAB NATIONAL BANK, CIRCLE SASTRA, 1ST FLOOR, PNB HOUSE, MARKET ROAD, ERNAKULAM, PIN - 682035
THE PUNJAB NATIONAL BANK
CIRCLE SASTRA, 1ST FLOOR, PNB HOUSE, MARKET ROAD, ERNAKULAM REPRESENTED BY ITS MANAGER, PIN - 682035
OTHER PRESENT:
SRI. SANTHEEP ANKARATH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from the petitioner.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the total overdue amount as on 10.04.2025 is Rs.7,03,031.99/-. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account.
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 total overdue in 8 equal monthly instalments, the first of which shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on the 30th day of every succeeding months and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.7,03,031.99/- along with any accrued interest, costs and charges from the petitioner and regularise the loan account of the petitioner in the following manner:
i. The petitioner shall pay the overdue amount along with any accrued interest, costs and charges in 8 equal monthly instalments;
ii. The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the 30th day of every succeeding months;
iii. Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above;
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. The writ petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 14593/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT DATED 30.04.2024 IN RESPECT OF THE LOAN. Exhibit P2 TRUE COPY OF THE NOTICE, DATED 22.03.2025 ISSUED BY THE ADVOCATE COMMISSIONER.