Kerala High Court
WP(C)/14347/2025 of SHERIEF A., Vs AXIS BANK LIMITED, on 7 April 2025
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. 14347 OF 2025 PETITIONER: SHERIEF A ., AGED 41 YEARS, S/O. M ABDUL JABBAR, RESIDING AT NOUASHAD MANZIL, NOCHIMANKUNNU, PIRAYIL,
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. 14347 OF 2025
PETITIONER:
SHERIEF A.,
AGED 41 YEARS, S/O. M ABDUL JABBAR,
RESIDING AT NOUASHAD MANZIL, NOCHIMANKUNNU, PIRAYIL, KALLEKAD, PALAKKAD, PIN – 678 006.
BY ADVS.
AKHIL RAJ B.
SRAVAN M.S.
ARUN RAJ
SRIKANTH THAMBAN
VISHNU VIJAYAN
AMEESHA GEORGE
BENSAN BENNY
RESPONDENTS:
AXIS BANK LIMITED,
RAC 5TH FLOOR, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM REPRESENTED BY ITS AUTHORISED OFFICER, PIN – 682 035.
BRANCH MANAGER,
AXIS BANK LIMITED, D NO.8/97/36 &37, FORT STREET, EAST FORT JUNCTION, THRISSUR, PIN – 680 005.
BY ADV. MADHU RADHAKRISHNAN, 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 availed credit facilities from the 1st respondent bank. On default being committed proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), prompting the petitioner to approach this Court by filing the above writ petition.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in installments and to obtain regularization of the loan accounts.
3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount, as on 05-04-2025, is Rs.2,27,446/-. 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 installments and regularize the loan accounts.
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 overdue amount on a condition that he will pay a sum of Rs.1,00,000/- on or before 30-04-2024 and balance overdue amount along with any accrued interest, cost and charges in 15 installments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan accounts regularized.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.2,27,446/- along with any accrued interest, cost and charges from the petitioner and regularize the loan accounts of the petitioner in the following manner:
(i) The petitioner shall pay an amount of Rs.1,00,000/- (Rupees One Lakh Only) on or before 30-04-2025. The balance overdue amount shall be repaid in 15 equated monthly installments, along with any accrued interest, costs and charges. The first installment shall be paid on or before 31-05-2025;
(ii) The subsequent installments shall be paid on or before the last working day of every succeeding months;
(iii) Petitioner shall continue to pay the regular EMI’s/installments along with the installments directed above;
(iv) In the event of default of any one installment, 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 ats
APPENDIX OF WP(C) 14347/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 22.08.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF NOTICE DATED 15.11.2024 ISSUED BY THE 1ST RESPONDENT