Kerala High Court
WP(C)/13593/2025 of GIGYMOL JOSEPH, Vs THE KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY ITS AUTHORIZED OFFICER, 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. 13593 OF 2025 PETITIONER: GIGYMOL JOSEPH, AGED 49 YEARS, W/O. E.R. TOY, ENAPUZHA HOUSE, OPP. FIRE STATION, KALOOR P.O, ERNAKULAM, PIN – 682017.
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. 13593 OF 2025
PETITIONER:
GIGYMOL JOSEPH,
AGED 49 YEARS,
W/O. E.R. TOY, ENAPUZHA HOUSE, OPP. FIRE STATION, KALOOR P.O, ERNAKULAM, PIN – 682017.
BY ADVS.
ARUN CHAND
VINAYAK G MENON
BHARAT VIJAY P.
THAREEQ ANVER K.
K.SALMA JENNATH
MINU VITTORRIA PAULSON
ARCHANA P.P.
RESPONDENTS:
THE KERALA STATE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS AUTHORIZED OFFICER,
REGIONAL OFFICE, SAHAKARANA SATHABHDHI MANDIRAM, KOVILAKATHUMPADAM, THIRUVAMBADY P.O, THRISSUR, PIN – 680022.
THE KERALA STATE CO-OPERATIVE BANK LTD., ERNAKULAM MAIN BRANCH, P.B.NO.3759, CHITTOOR RD, PULLEPADY JUNCTION, KOCHI, ERNAKULAM, REPRESENTED BY
ITS BRANCH MANAGER, PIN – 682035.
BY ADV K.AMMINIKUTTY, 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 is the guarantor in two credit facilities availed by her husband 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 as also under the Kerala Revenue Recovery Act, 1968, 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 accounts.
3. It was submitted on behalf of the respondent Bank that the petitioner’s husband committed default in repayment of credit facilities and the overdue amount as on 31.03.2025 is Rs.5,56,699/-(Rupees five lakhs fifty six thousand six hundred and ninety nine 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 accounts.
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 accounts regularised.
5. Accordingly, there will be a direction to the respondent Bank to accept repayment of the entire overdue amount of Rs.5,56,699/-(Rupees five lakhs fifty six thousand six hundred and ninety nine only) along with any accrued interest, costs and charges from the petitioner and regularise the loan accounts in question in the following manner: i. The petitioner shall pay the overdue amount of Rs.5,56,699/- (Rupees five lakhs fifty six thousand six hundred and ninety nine 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) 13593/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGE OF THE NOTICE DATED 10/01/2023 BEARING FILE NO. 140860356000335 (001/768/73) ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGE OF THE NOTICE DATED 10/01/2023 BEARING FILE NO. 140860480000057 (001/858/5) ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 01/10/2024 ISSUED BY THE 2ND RESPONDENT TO THE HUSBAND OF THE PETITIONER Exhibit P4 THE TRUE COPY OF THE DEMAND NOTICE DATED 21/11/2024 ISSUED BY THE DEPUTY TAHSILDAR, KANAYANUR TALUK, ERNAKULAM DISTRICT ALONG WITH ITS ENGLISH TYPED LEGIBLE COPY Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 02/01/2025 VIDE REF NO.48/57 ISSUED BY THE 1ST RESPONDENT BANK Exhibit P6 THE TRUE COPY OF THE NOTICE DATED 02/01/2025 VIDE REF NO.858/5 ISSUED BY THE 1ST RESPONDENT BANK Exhibit P7 THE TRUE COPY OF THE NOTICE DATED 08/02/2024 ISSUED BY THE 1ST RESPONDENT