Kerala High Court
WP(C)/14334/2025 of SABIRA SUBAIR, Vs THE FEDERAL BANK LTD., on 7 April 2025
WP(C) NO. 14334 OF 2025 1 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. 14334 OF 2025 PETITIONER/S: SABIRA SUBAIR, AGED 42 YEARS W/O SUBAIR VALIYAVEETIL MOHAMMED, VALIYAVEETIL HOUSE,
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. 14334 OF 2025
PETITIONER/S:
SABIRA SUBAIR, AGED 42 YEARS
W/O SUBAIR VALIYAVEETIL MOHAMMED, VALIYAVEETIL HOUSE, MALAPALLIPURAM P.O, THRISSUR DISTRICT., PIN - 680732
BY ADV AJOY VENU
RESPONDENT/S:
THE FEDERAL BANK LTD, REPRESENTED BY ITS BRANCH
MANAGER, MALA BRANCH, 15, POST OFFICE ROAD, MALA, THRISSUR DISTRICT, PIN- 680 732., PIN - 680732
BRANCH MANAGER, THE FEDERAL BANK LTD, MALA BRANCH, 15, POST OFFICE ROAD, MALA, THRISSUR DISTRICT., PIN - 680732
SUBAIR VALIYAVEETIL MOHAMMED, AGED 63 YEARS
S/O VALIYAVEETIL MOHAMMED, VALIYAVEETIL HOUSE, MALAPALLIPURAM P.O, THRISSUR DISTRICT., PIN - 680732
BY ADVS.
P.PAULOCHAN ANTONY P
SREEJITH K.(K/380/2005)
SRI. P.PAULOCHAN ANTONY, SC
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 initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 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 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 availed a housing loan from the respondent bank and committed default in repayment. It is submitted that, this is the second round of litigation at the instance of the petitioner and practically, no amount has been paid by the petitioner pursuant to the earlier judgment of this Court dated12.02.2024 in W.P.(C) No.5302 of 2024. It is submitted that, notwithstanding the above, if the petitioner were to make a substantial remittance towards the loan liability, the bank can consider regularization of the loan account. It is submitted that, the overdue amount, as on 07.04.2025, would come to Rs.10,50,543/- (Rupees Ten lakh fifty thousand five hundred and forty three only).
4. Learned counsel appearing for the petitioner submits that the petitioner had remitted Rs.1 lakh towards the loan liability pursuant to the directions issued by this Court in W.P.(C) No. No.5302 of 2024, but she could not, thereafter, pay the amounts as directed by this Court. It is submitted that, the petitioner will pay a substantial amount towards the present overdue amount to prove her bona fides.
5. 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 overdue amount of Rs.10,50,543/- (Rupees Ten lakh fifty thousand five hundred and forty three only) on condition that the petitioner pays an amount of Rs.2,00,000/- (Rupees Two lakh only) on or before 30.04.2025 and the balance amount along with any accrued interest, cost and charges in eight instalments 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.10,50,543/- (Rupees Ten lakh fifty thousand five hundred and forty three only) along with accrued interest, cost and bank charges from the petitioner and regularise the loan account of the petitioner in the following manner:-
(i) The petitioner shall pay an amount of Rs.2,00,000/- (Rupees Two lakh only) on or before 30.04.2025 ;
(ii) The balance overdue amount of Rs.8,50,543/- (Rupees Eight lakh fifty thousand five hundred and forty three only) along with any accrued interest, cost and charges shall be paid in eight equated monthly instalments;
(iii) The first instalment shall be paid on or before 31.05.2025 and the subsequent instalments shall be paid on or before the last working day of each succeeding months;
(iv) 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;
(vi) 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 ajt
APPENDIX OF WP(C) 14334/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT DATED11.06.2024 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WPC NO. 5302 OF 2024 DATED 12.02.2024 Exhibit P3 TRUE COPY OF THE ONLINE RECEIPT OF PAYMENT OF 1 LAKH RUPEES DATED 11.03.2024 ₹ Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 17.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2NDRESPONDENT