Kerala High Court
WP(C)/12069/2025 of VISWALEKHA, Vs KERALA STATE CO-OPERATIVE BANK, on 8 April 2025
OF 2025 1 2025:KER:31248 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. 12069 OF 2025 PETITIONERS: 1 VISWALEKHA, AGED 63 YEARS W/O.RAJENDRAN, RESIDING @ RAJ BHAVAN, THATTARKONAM P.O,
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. 12069 OF 2025
PETITIONERS:
VISWALEKHA,
AGED 63 YEARS
W/O.RAJENDRAN, RESIDING @ RAJ BHAVAN, THATTARKONAM P.O, KOLLAM, PIN - 691005
RAJENDRAN,
AGED 67 YEARS
RESIDING @ RAJ BHAVAN, THATTARKONAM P.O, KOLLAM, PIN - 691005
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENT:
KERALA STATE CO-OPERATIVE BANK,
CHANDANATHOPE BRANCH, KOLLAM REPRESENTED BY AUTHORIZED
OFFICER, PIN - 691014
OTHER PRESENT:
SRI. P.C.SASIDHARAN, SC
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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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 petitioner.
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 loan and the total overdue amount as on 07.04.2025 is Rs.6,74,769/-. 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 in ten 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.6,74,769/- 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 ten 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) 12069/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF TREATMENT CERTIFICATE OF 2ND PETITIONER IN RCC, TRIVANDRUM Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE COMMISIONER DATED 06.03.2025