Kerala High Court
WP(C)/13542/2025 of KAVYA B. PILLAI, Vs IDBI BANK LIMITED, on 2 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13542 OF 2025 PETITIONER: KAVYA B. PILLAI, AGED 32 YEARS, D/O. SETHUNATHA PRASAD, THAZHATHADATHU HOUSE, THAMARAKULAM.P.O., ALAPPUZHA, PIN –
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 13542 OF 2025
PETITIONER:
KAVYA B. PILLAI,
AGED 32 YEARS,
D/O. SETHUNATHA PRASAD, THAZHATHADATHU HOUSE, THAMARAKULAM.P.O., ALAPPUZHA, PIN – 690530.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
P.JAHANGEER
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
IDBI BANK LIMITED,
REPRESENTED BY ITS BRANCH MANAGER, MANACUAD BRANCH, DEV OLAZA, TC 43/422(2), NEAR GOVT. HSS, KAMALESWARAM, THIRUVANANTHAPURAM, PIN – 695009.
BRANCH MANAGER,
IDBI BANK LIMITED, MANACUAD BRANCH, DEV OLAZA, TC
43/422(2), NEAR GOVT. HSS, KAMALESWARAM, THIRUVANANTHAPURAM, PIN – 695009.
AUTHORIZED OFFICER,
IDBI BANK LIMITED, REGIONAL OFFICE, RETAIL RECOVERY, PANAMPILLLY NAGAR, ERNAKULAM, PIN – 682036.
SMT. REMA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner’s husband availed a loan from the respondent Bank. On default being committed, proceedings have been initiated against the petitioner (including her husband and another) 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. Heard Adv.R.Rema for the respondent Bank. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of a mortgage loan and the overdue amount as on today (02.04.2025) is Rs.19,88,146/-(Rupees nineteen lakhs eighty eight thousand one hundred and forty six 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.19,88,146/-(Rupees nineteen lakhs eighty eight thousand one hundred and forty six 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.19,88,146/- (Rupees nineteen lakhs eighty eight thousand one hundred and forty six 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. The writ petition is disposed of as above.
Sd/- GOPINATH P.
JUDGE DK
APPENDIX OF WP(C) 13542/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE NOTICE DATED 14.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER