Kerala High Court
WP(C)/12970/2025 of JASMIN HABEEB, Vs THE BRANCH MANAGER, on 4 April 2025
WP(C) NO. 12970 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. 12970 OF 2025 PETITIONER/S: JASMIN HABEEB,AGED 50 YEARS JASMIN MANZIL, PAZHAKULAM P.O, PALLIKAL,
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. 12970 OF 2025
PETITIONER/S:
JASMIN HABEEB,AGED 50 YEARS
JASMIN MANZIL, PAZHAKULAM P.O, PALLIKAL, PATHANAMTHITTA DISTRICT, PIN - 691528
BY ADVS.
SAGITH KUMAR V.
C.B.SREEKUMAR
DEVAPRIYA S.
PRASHOBH K.V.
SHEFEEK A.
RESPONDENT/S:
THE BRANCH MANAGER,THE KERALA STATE CO-OPERATIVE BANK
LTD (KERALA BANK), PAZHAKULAM, PATHANAMTHITTA DISTRICT, KERALA, PIN - 691554
THE AUTHORIZED OFFICER,THE KERALA STATE CO- OPERATIVE
BANK, REGIONAL OFICE, PBNO. 104,
OPP. MUNCIPAL TOWN HALL, ALAPPUZHA -1, PIN - 688001
BY ADV K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2025, 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 loan from the respondent bank and committed default in repayment and the overdue amount, as on 28.03.2025, would come to Rs.1,63,000/- (Rupees One lakh and sixty three thousand only). 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 instalments and regularise the loan account.
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 of Rs.1,63,000/- (Rupees One lakh and sixty three thousand only) along with any accrued interest, cost and charges in ten instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.1,63,000/- (Rupees One lakh and sixty three thousand 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 the overdue amount of Rs.1,63,000/- (Rupees One lakh and sixty three thousand only) along with any accrued interest, cost and charges in ten 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 each succeeding months;
(iii) 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;
(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 ajt
APPENDIX OF WP(C) 12970/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED NOTICE OF THE 1ST RESPONDENT DATED 17/10/2024 Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 15/11/2024 Exhibit P3 TRUE COPY OF THE NOTICE DATED 16/12/2024 Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED 12/3/2025