Kerala High Court
WP(C)/10264/2025 of ROSY SUDHEER, Vs THE AUTHORIZED OFFICER, on 7 April 2025
OF 2025 1 2025:KER:30967 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. 10264 OF 2025 PETITIONER: ROSY SUDHEER, AGED 50 YEARS W/O. A.K. SUDHEER, KARAMOOTTIL, KUNDAYAM P.O., PATHANAPURAM
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. 10264 OF 2025
PETITIONER:
ROSY SUDHEER,
AGED 50 YEARS
W/O. A.K. SUDHEER, KARAMOOTTIL, KUNDAYAM P.O., PATHANAPURAM TALUK, KOLLM DISTRICT, PIN - 689695
BY ADV NAHAS H.
RESPONDENTS:
THE AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, ALAPUZHA, PIN - 688012
THE BRANCH MANAGER,
KERALA STATE CO-OPERATIVE BANK, XVIII-672, KOODAL, PATHANAMTHITTA, PIN - 689693
BY ADV K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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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 home loan and the outstanding amount as on 14.03.2025 is Rs.12,59,734/-. 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 12 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.12,59,734/- along with any accrued interest, costs and charges from the petitioner in the following manner: (I) The outstanding amount of Rs.12,59,734/- along with any accrued interest, costs and charges shall be repaid in 12 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) 10264/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 23.07.2024