Kerala High Court

WP(C)/13763/2025 of VIROZ P.J., Vs THE AUTHORIZED OFFICER, on 3 April 2025

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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. 13763 OF 2025 PETITIONER: VIROZ P.J., AGED 40 YEARS, S/O. P.V. JOSE, PUTHUSSERY HOUSE, KALAMBATTUPURAM, SACRED HEART CHURCH, KALADY P.O., NEELEESWARAM,

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. 13763 OF 2025

PETITIONER:

VIROZ P.J.,

AGED 40 YEARS,

S/O. P.V. JOSE, PUTHUSSERY HOUSE, KALAMBATTUPURAM, SACRED HEART CHURCH, KALADY P.O., NEELEESWARAM, ERNAKULAM, PIN – 683574.

BY ADV JOMY K. JOSE

RESPONDENTS:

THE AUTHORIZED OFFICER,

UNION BANK OF INDIA, NEELEESWARAM BRANCH, NEELESWARAM

MARY PLAZA, BUILDING NO.70/A, NEELESWARAM P.O., ERNAKULAM, PIN – 683574.

THE UNION BANK OF INDIA,

REPRESENTED BY ITS BRANCH MANAGER, NEELEESWARAM BRANCH, NEELESWARAM MARY PLAZA, BUILDING NO.70/A, NEELESWARAM P.O., ERNAKULAM, PIN – 683574.

BY ADVS.

ASP.KURUP

SADCHITH.P.KURUP(K/1419/2002)

C.P.ANIL RAJ(K/872/2007)

SIVA SURESH(K/2688/2022)

B.SREEDEVI(K/169/2024)

ATHIRA VIJAYAN(K/199/2024)

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 has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent Bank 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. The learned counsel for the respondent Bank submitted that the petitioner committed default in repayment of a housing loan and the overdue amount as on today (03.04.2025) is Rs.3,45,750/-(Rupees three lakhs forty five thousand seven hundred and fifty only). It is further submitted that the Bank has filed an Original Application for recovery of the amounts due from the petitioner. 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. It is further submitted that the petitioner may also be required to execute further documents that may be required by the respondent Bank for regularizing the loan account. It is submitted that the number of instalments may be limited.

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.3,45,750/- (Rupees three lakhs forty five thousand seven hundred and fifty 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.3,45,750/- (Rupees three lakhs forty five thousand seven hundred and fifty 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 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. vi The petitioner shall also execute all necessary documents as may be required by the respondent Bank for regularizing the loan account. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE DK

APPENDIX OF WP(C) 13763/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 26.11.2024 Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 25.03.2025

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