Kerala High Court
WP(C)/9744/2025 of A. THAJUDHEEN, Vs STATE OF KERALA, on 4 April 2025
W.P.(C)No.9744 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 9744 OF 2025 PETITIONER/S: 1 A . THAJUDHEEN, AGED 70 YEARS S/O ABDUL KHADER ELISSERY BUNGLOW, THAZHAMEL, ANCHAL
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 9744 OF 2025
PETITIONER/S:
A. THAJUDHEEN,
AGED 70 YEARS
S/O ABDUL KHADER ELISSERY BUNGLOW, THAZHAMEL, ANCHAL
P.O., PUNALUR, KOLLAM DISTRICT, PIN - 691306
M.DAREEFA,
AGED 67 YEARS
W/O A. THAJUDHEEN, VELISSERY BUNGLOW, THAZHAMEL, ANCHAL P.O., PUNALUR, KOLLAM DISTRICT, PIN - 691306
BY ADVS.
KALAM PASHA B.
VISHAKHA J.
HASNA ASHRAF T.A
JUVYRIA A.A.
ANANDU U.R.
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA THIRUVANANTHAPURAM, PIN - 695014
KERALA STATE CO-OPERATIVE BANK LTD,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN –
695033
THE AUTHORIZED OFFICER & AREA MANAGER UNDER THE
SARFAESI ACT,
KERALA STATE CO-OP. BANK LTD, MAIN BRANCH, ANCHAL, KOLLAM DISTRICT, PIN - 691306
THE BRANCH MANGER ,
KERALA STATE CO-OP. BANK LTD., ANCHAL EVENING BRANCH, KOLLAM DISTRICT, PIN - 691306
OTHER PRESENT:
SRI. P.C.SASIDHARAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2025, 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.
J U D G M E N T
Petitioners have approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2022, for recovery of the amounts due in respect of two loans namely an ordinary loan and a cash credit facility availed by the petitioners from the respondent bank.
2. During the course of hearing, the petitioners have confined the relief to an opportunity for repaying the amounts due in instalments.
3. It was submitted on behalf of the respondent bank that the petitioners committed default in repayment of the above loans. It is submitted that the overdue amount in respect of ordinary loan is Rs.6,76,936/-. It is submitted that the outstanding amount in respect of the cash credit facility is Rs.24,38,721/-. 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 amounts in respect of ordinary loan and outstanding amount in respect of cash credit facility in limited instalments and regularise the ordinary loan.
4. Having heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in respect of cash credit facility and the overdue amount in respect of ordinary loan in ten
(10) instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the overdue amount of Rs.6,75,936/- in respect of ordinary loan and the outstanding amount of Rs.24,38,721/- in respect of cash credit facility, along with bank charges from the petitioners and regularise the ordinary loan account of the petitioners on the following manner:
(i) The overdue amount of Rs.6,76,936/- in respect of ordinary loan together with any accrued interest, charges and costs shall be repaid in ten (10) equated monthly instalments.
(ii) The outstanding amount of Rs.24,38,721/- in respect of cash credit facility together with any accrued interest, cost and charges shall be repaid in ten (10) equated monthly instalments.
(iii) The first instalment in respect of two loans shall be paid on or before 30.04.2025 and subsequent instalments shall be paid on or before the last working day of each succeeding month.
(iv) Petitioners shall continue to pay the regular EMIs/instalments in respect of ordinary loan along with the instalments as directed above.
(v) 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 petitioners 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 Scl/
APPENDIX OF WP(C) 9744/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO. 38349 OF 2024 DATED 06.11.2024 Exhibit P2 THE TRUE COPY OF THE DOCTOR'S PRESCRIPTION DATED 21/10/2024, ISSUED BY DR. GIREESH G.S., CONSULTANT PHYSICIAN AND CARDIOLOGIST, DISTRICT HOSPITAL, KOLLAM Exhibit P3 THE TRUE COPY OF THE DOCTOR'S PRESCRIPTION DATED 31/12/2024 ISSUED BY DR MADHU K, PULMONARY AND CRITICAL CARE – COSMOPOLITAN HOSPITALS PVT LTD, THIRUVANANTHPURAM Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK, WHICH CONTAIN DETAILS OF THE PAYMENTS MADE, PERTAINS TO THE 1ST PETITIONER Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK, WHICH CONTAINDETAILS OF THE PAYMENTS MADE, PERTAINS TO THE 2ND PETITIONER Exhibit P6 THE TRUE COPY OF THE MALAYALA MANORAMA NEWSPAPER DATED 11.02.2025, CONTAINING THIS NEWS ITEM HIGHLIGHTING THE SAME Exhibit P7 THE TRUE COPY OF THE NOTICE ISSUED BY ELECTRON. A, ADVOCATE COMMISSIONER DATED 27/02/2025 Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE HON’BLE CHIEF MINISTER ON 03.03.2025, ENDORSED ON 07.03.2025