Kerala High Court
WP(C)/9495/2025 of ASHA G.S. NAIR, Vs STATE BANK OF INDIA, on 8 April 2025
W.P (C) No.9495/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 9495 OF 2025 PETITIONER/S: ASHA.G.S.NAIR, AGED 43 YEARS, D/O.SREEMATHY AMMA.D, SANTHI BHAVAN, MOTTAMOODU,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 9495 OF 2025
PETITIONER/S:
ASHA.G.S.NAIR,
AGED 43 YEARS, D/O.SREEMATHY AMMA.D, SANTHI BHAVAN, MOTTAMOODU, VETTINADU, VATTAPPARA.PO, VEMBAYAM, THIRUVANANTHAPURAM, PIN - 695028
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
LEKSHMI S.SEKHER
K.J.SUNIL
BABU SALIH
T.V.AATHIRA
RESPONDENT/S:
STATE BANK OF INDIA,
RASMEC-IV, SANTHINAGAR, FOURTH FLOOR,
KERALA STATE HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM. REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN - 695001
BY ADVS.
MANOJ G.G
S.SARATH PRASAD(K/000835/2008)
MADHAVIKUTTY(K/000238/2025)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner's son availed an Educational loan from the respondent bank. The petitioner is a guarantor in respect of the said loan transaction. The property of the petitioner is also mortgaged for securing the repayment of the loan.
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 and the overdue amount as on 07-04-2025 is Rs.5,66,482/-. It is further submitted that if this court is permitting the petitioner to regularise the loan account, the overdue amount may be directed to be remitted immediately.
4. The learned counsel for the petitioner submits that the petitioner is 40% disabled after an accident. It is submitted that an amount of Rs.2,00,000/- was remitted on 27-03-2025. It is submitted that going by the terms agreed to the respondent bank the EMIs were to be paid only from the month of September, 2024. It is submitted that taking into consideration of the above aspects this court may be inclined to direct that the petitioner be granted some instalments to clear the overdue amount.
5. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Bank and having regard to the facts and circumstances of the case and the submissions made as recorded above and also taking into account the fact that the petitioner has undertaken to clear off the overdue amount along with regular EMIs/instalments, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount in five (5) equal monthly instalments first of which shall be paid on or before 30-04-2025 and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.5,66,482/- along with interest, bank charges and costs from the petitioner and regularise the loan account of the petitioner in the following manner:
(i) The overdue amount of Rs.5,66,482/- together with any accrued interest, bank charges and costs shall be repaid in five equated 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 last working day of each succeeding month;
(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 AMG
APPENDIX OF WP(C) 9495/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ARRANGEMENT LETTER FOR TERM LOAN UNDER EDUCATION LOAN SCHEME EXECUTED BY THE PETITIONER WITH RESPONDENT BANK DATED 07.08.2021 Exhibit P2 TRUE COPY OF THE COURSE COMPLETION CERTIFICATE ISSUED BY THE CONTESTOGA COLLEGE, INSTITUTE OF TECHNOLOGY AND ADVANCE LEARNING, CANADA DATED 10.06.2024 Exhibit P3 TRUE COPY OF THE LOCOMOTOR DISABILITY CERTIFICATE DATED 20.06.2024 ISSUED BY GOVERNMENT OF INDIA Exhibit P4 TRUE COPY OF THE DEMAND NOTICE PUBLISHED IN DEEPIKA DAILY DATED 17/01/2025 ALONG WITH TYPED COPY Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 24.02.2025 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT BANK Exhibit P6 TRUE COPY OF THE LETTER DATED 11.03.2025 ISSUED BY THE RESPONDENT BANK Exhibit P7 TRUE COPY OF THE POSSESSION NOTICE DATED 21.03.2025 ISSUED BY THE RESPONDENT BANK