Kerala High Court
WP(C)/11188/2025 of BEENA KUMARI K.R., Vs AUTHORIZED OFFICER, THE QUILON CO-OPERATIVE URBAN BANK LIMITED, on 4 April 2025
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. 11188 OF 2025 MC 817/2024 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM PETITIONERS: 1 BEENA KUMARI K.R., AGED 46 YEARS, W/O. SASIDHARAN,
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. 11188 OF 2025
MC 817/2024 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONERS:
BEENA KUMARI K.R.,
AGED 46 YEARS,
W/O. SASIDHARAN, KRISHNALAYAM, NADUVILAKKARA, MUKHATHALA P.O., KOLLAM DISTRICT, KERALA, PIN – 691577.
SASIDHARAN PILLAI C,
AGED 59 YEARS,
S/O CHELLAPPAN PILLAI, KRISHNALAYAM, NADUVILAKKARA, MUKHATHALA P.O., KOLLAM DISTRICT, KERALA, PIN – 691577.
BY ADVS.
JERIN JOSEPH
VIJAY SANKAR V.H.
RESPONDENT:
AUTHORIZED OFFICER, THE QUILON CO-OPERATIVE URBAN BANK
LIMITED, POWER HOUSE ROAD, CHINNAKKADA, KOLLAM EAST
VILLAGE, KOLLAM DISTRICT, KERALA, PIN – 691001.
BY ADV D.P.RENU
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.
JUDGMENT
The 1st petitioner availed a loan from the the respondent Bank by mortgaging the property of the 2nd petitioner, who is none other than the husband of the 1st petitioner, for the purpose of house maintenance. On default being committed, proceedings have been initiated against the petitioners under the provisions of the SARFAESI Act prompting the petitioners to approach this Court by filing the above writ petition.
2. During the course of hearing, petitioners have confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent Bank that the 1st petitioner committed default in repayment of credit facilities and the overdue amount as on today (04.04.2025) is Rs.1,29,634/-(Rupees one lakh twenty nine thousand six hundred and thirty four only). It was 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 petitioners can be granted an opportunity to repay the overdue amount along with any accrued interest, costs and charges in 10 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.1,29,634/-(Rupees one lakh twenty nine thousand six hundred and thirty four only) along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioners in the following manner: i. Petitioners shall pay the overdue amount of Rs.1,29,634/- (Rupees one lakh twenty nine thousand six hundred and thirty four only) along with any accrued interest, costs and charges in 10 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.Petitioners 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 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 DK
APPENDIX OF WP(C) 11188/2025 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE 2ND PETITIONER DATED 04/12/2024. Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 06/03/2025.