WP(C)/13341/2025 of SHAHIDA HAMEED, Vs THE STATE OF KERALA, on 4 April 2025

JUDGMENT

The petitioner in WP(C) No.13341/2025 is the mother of the petitioner in WP© No.13339/2025.

2. The petitioners have approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from them.

3. During the course of hearing, petitioners have confined their relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.

4. It is submitted on behalf of the respondent bank that the petitioner in WP(c) No.13339/25 committed default in repayment of a term loan and the total overdue amount as on 04.04.2025 is Rs.9,88,670/-. It is submitted that the petitioner in WP(c) No.13341/25 also availed a term loan and the total overdue as on 04.04.2025 is Rs.16,69,906/-. 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 accounts.

5. 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 total overdue in 12 equal monthly instalments, the first of which shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on the last working day of every succeeding months 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 in the loan account which is the subject matter of WP(c) No.13339/25 [Rs.9,88,670/-] and the overdue in the loan account which is subject matter of WP(c) No.13341/25 [Rs.16,69,906/-] along with any accrued interest, costs and charges from the petitioners and regularise the loan accounts of the petitioner in the following manner:

i. The petitioners shall pay the overdue amounts along with any accrued interest, costs and charges shall be repaid in 12 equal monthly instalments;

ii. The first instalment in respect of these loans 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.

If the petitioners have any grievance regarding the amounts now claimed by the bank, it is for the petitioner to seek statutory remedies. The writ petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd

APPENDIX OF WP(C) 13341/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE EMBASSY OF INDIA, RIYADH DATED NIL Exhibit P-2 A TRUE COPY OF NOTICE DATED 22-12-23 ISSUED BY 3RD RESPONDENT Exhibit P-3 A TRUE COPY OF NOTICE DATED 18-3-2025 IN MC 459/2025 PENDING BEFORE CJM COURT, KOLLAM Exhibit P-4 A TRUE COPY OF APPLICATION DATED 26-3-25 SUBMITTED BY PETITIONER Exhibit P5 A TRUE COPY OF REPRESENTATION DATED 28-3-25 SENT TO 1ST RESPONDENT Exhibit P6 A TRUE COPY OF TRANSFER RECEIPT NO. 15808 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P7 A TRUE COPY OF TRANSFER RECEIPT NO. 15814 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P8 A TRUE COPY OF TRANSFER RECEIPT NO. 15818 DATED 19-7-2023 ISSUED TO PETITIONER Exhibit P9 A TRUE COPY OF TRANSFER RECEIPT NO. 15798 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P10 A TRUE COPY OF TRANSFER RECEIPT NO. 273 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER

APPENDIX OF WP(C) 13339/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE EMBASSY OF INDIA, RIYADH Exhibit P2 A TRUE COPY OF NOTICE DATED 21-5-24 ISSUED BY 3RD RESPONDENT Exhibit P3 A TRUE COPY OF NOTICE DATED 15-3-2025 IN MC 325/2025 PENDING BEFORE CJM COURT, KOLLAM Exhibit P4 A TRUE COPY OF APPLICATION DATED 26-03-2025 SUBMITTED BY PETITIONER Exhibit P5 A TRUE COPY OF REPRESENTATION DATED 28-3-25 SENT TO 1ST RESPONDENT Exhibit P6 A TRUE COPY OF TRANSFER RECEIPT NO. 15808 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P7 A TRUE COPY OF TRANSFER RECEIPT NO. 15814 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P8 A TRUE COPY OF TRANSFER RECEIPT NO. 15818 DATED 19-7-2023 ISSUED TO PETITIONER Exhibit P9 A TRUE COPY OF TRANSFER RECEIPT NO. 15798 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER Exhibit P10 A TRUE COPY OF TRANSFER RECEIPT NO. 273 DATED 19-7-2023 ISSUED TO SHAHIDA MOTHER OF PETITIONER