Kerala High Court
WP(C)/13753/2025 of SHAJINA IRSHAD, Vs STATE BANK OF INDIA, on 3 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13753 OF 2025 PETITIONER: SHAJINA IRSHAD, AGED 37 YEARS, W/O. IRSHAD, PANAMOODU, NADANVILA, PERUMATHURA P.O., KADINAMKULAM, THIRUVANANTHAPURAM DISTRICT,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 13753 OF 2025
PETITIONER:
SHAJINA IRSHAD,
AGED 37 YEARS,
W/O. IRSHAD, PANAMOODU, NADANVILA, PERUMATHURA P.O., KADINAMKULAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695303.
BY ADV M.ABDUL RASHEED
RESPONDENTS:
STATE BANK OF INDIA,
REPRESENTED BY ITS AUTHORIZED OFFICER (CHIEF MANAGER)
SARB, LMS COMPOUND, VIKAS BHAVAN P.O., PALAYAM, THIRTIVANANTHAPURAM DISTRICT, PIN – 695033.
BRANCH MANAGER,
AGM (RACPC/RASMECC), STATE BANK OF INDIA, PUTHUKURICHI
BRANCH, THIRUVANANTHAPURAM, PIN – 695303.
SRI. TOM K.THOMAS, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner along with her husband availed a housing loan from the respondent Bank. On default being committed, proceedings have been initiated against the petitioner and her husband under the provisions of the 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 instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent Bank that the petitioner along with her husband committed default in repayment of a housing loan and the overdue amount as on today (03.04.2025) is Rs.10,40,000/-(Rupees ten lakhs forty thousand 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 petitioner 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.10,40,000/-(Rupees ten lakhs forty thousand only) along with any accrued interest, costs and 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.10,40,000/- (Rupees ten lakhs forty thousand only) along with any accrued interest, costs and charges in 10 equated monthly instalments;
ii. The first instalment shall be paid on or before 20.04.2025 and the subsequent instalments shall be paid on or before the 20th day of every 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 DK
APPENDIX OF WP(C) 13753/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 28.2.2025 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN M.C. NO.325/2024