Kerala High Court
WP(C)/14807/2025 of SARIN T.K., Vs ICICI BANK LTD., on 10 April 2025
14807 OF 2025 1 2025:KER:31568 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. 14807 OF 2025 PETITIONERS: 1 SARIN T.K., AGED 34 YEARS S/O. THANU MOORTHY, KASTHURI ILLAM A 19(1),
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. 14807 OF 2025
PETITIONERS:
SARIN T.K.,
AGED 34 YEARS
S/O. THANU MOORTHY, KASTHURI ILLAM A 19(1), VADAKKEVILA
NAGAR, NEAR BALANADA PLAY SCHOOL, KALAVEDI JUNCTION, VADAKKEVILA P.O., KOLLAM, PIN - 691010
THANU MOORTHY,
AGED 70 YEARS
S/O. KOLAPAN ACHAR, KASTHURI ILLAM, A 19(1), VADAKKEVILA NAGAR, NEAR BALA NADA PLAY SCHOOL, KALAVEDI
JUNCTION, VADAKKEVILA P.O., KOLLAM, PIN - 691010
BY ADVS.
SRUTHI S. SEKHAR
DRISYA DILEEP
RESPONDENTS:
ICICI BANK LTD.,
REPRESENTED BY ITS BRANCH MANAGER, CREATIVE COMPLEX, NEAR FIRE STATION, KADAPPAKKADA, KOLLAM, KERALA, PIN - 691001
BRANCH MANAGER, ICICI BANK LIMITED,
KRISHNASWAMY AVENUE, CONVENT ROAD, KOLLAM, PIN - 691001
THE AUTHORIZED OFFICER, ICICI BANK LIMITED, ZONAL OFFICE, PULIMOOD JUNCTION, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
LAL K JOSEPH
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(K/000701/1997)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
SANJAY SELLEN(K/885/2021)
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 petitioners have 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 petitioners.
2. During the course of hearing, petitioners have 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 petitioners committed default in repayment of a home loan and the total overdue amount is Rs.6,75,891/-. 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 petitioners can be granted an opportunity to repay the total overdue amount in 10 equal monthly instalments, the first of which shall be paid on or before 12.05.2025 and the subsequent instalments shall be paid on the 12th 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.6,75,891/- along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioners in the following manner:
i. The petitioners shall pay the overdue amount along with any accrued interest, costs and charges in 10 equal monthly instalments;
ii. The first instalment shall be paid on or before 12.05.2025 and the subsequent instalments shall be paid on or before the 12th day of every succeeding months;
iii. Petitioners 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 petitioners 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) 14807/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 15/12/2022 Exhibit P2 THE TRUE COPY OF THE SCREEN SHORT OF G-PAY PAYMENT MADE BY THE PETITIONER DATED 24-6-
Exhibit P2(A) THE TRUE COPY OF THE SCREEN SHORT OF G-PAY PAYMENT MADE BY THE PETITIONER DATED 26-6-
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 24.03.2025 ISSUED BY SMT.NANMA LAKSHMI M, ADVOCATE COMMISSIONER BEFORE TAKING ACTUAL POSSESSION OF THE PROPERTY Exhibit P4 THE TRUE COPY OF THE ORDER IN MCNO.395/2025 HON’BLE CHIEF JUDICIAL MAGISTRATE KOLLAM DATED 04/03/2025 Exhibit P5 THE TRUE COPY OF THE RELIEVING LETTER SUBMITTED BY 1ST PETITIONER BEFORE ABORT HEALTH CARE PVT.LTD. DATED 23/09/2024 Exhibit P6 THE TRUE COPY THE TREATMENT CERTIFICATE ISSUED BY THE MATHA MEDICAL CENTRE DATED 13/03/2025 Exhibit P7 THE TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE N.S. MEMORIAL INSTITUTE OF MEDICAL SCIENCES DATED 05/04/2025 MEMORIAL INSTITUTE OF MEDICAL SCIENCE Exhibit P8 THE TRUE COPY OF THE OFFER LETTER ISSUED BY THE ZYNOR PHARMACEUTICAL PVT LTD COMPANY DATED 21/10/2024