Kerala High Court
WP(C)/7937/2025 of SARADHA K.R., Vs THE KERALA STATE CO-OPERATIVE BANK LIMITED, on 7 April 2025
OF 2025 1 2025:KER:30978 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 7937 OF 2025 PETITIONER: SARADHA K.R., AGED 60 YEARS W/O. MADHAVAN, MALLAPPILLIL HOUSE, KUZHINILAM P.O, VIMALA NAGAR,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WP(C) NO. 7937 OF 2025
PETITIONER:
SARADHA K.R.,
AGED 60 YEARS
W/O. MADHAVAN, MALLAPPILLIL HOUSE, KUZHINILAM P.O, VIMALA NAGAR, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
BY ADV T.U.SUJITH KUMAR
RESPONDENT/S:
THE KERALA STATE CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS BRANCH MANAGER, MANANTHAVADY EVENING
BRANCH, MANANTHAVADY BRANCH, MANANTHAVADY, WAYANAD
DISTRICT, PIN - 670645
THE AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK LIMITED, CREDIT
PROCESSING CENTRE, KALPETTA NORTH, WAYANAD DISTRICT, PIN - 673122
OTHER PRESENT:
SRI. ATHUL SHAJI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the 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 outstanding amount in instalments.
3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the outstanding amount as on 30.03.2025 is Rs.20,76,022/-. 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 outstanding amount in limited 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 in 15 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.20,76,022/- along with any accrued interest, costs and charges from the petitioner in the following manner:
(i) The petitioner shall pay the outstanding amount of Rs.20,76,022/- along with any accrued interest, costs and charges in 15 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 the last working day of every succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) 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) 7937/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE SALE NOTICE DATED 08.01.2025 ISSUED BY THE SECOND RESPONDENT. Exhibit-P2 A TRUE COPY OF THE NOTICE DATED 01.02.2025 ISSUED BY THE RESPONDENT BANK.