Kerala High Court
WP(C)/13055/2025 of RAMSHEENA U., Vs STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER, on 2 April 2025
W.P (C) No.13055/2025 -1- 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. 13055 OF 2025 PETITIONER/S: RAMSHEENA U., AGED 39 YEARS W/O. ARIF ALANGADAN, ULLANGADAN HOUSE, ULLADAMKUNNU
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. 13055 OF 2025
PETITIONER/S:
RAMSHEENA U.,
AGED 39 YEARS
W/O. ARIF ALANGADAN, ULLANGADAN HOUSE, ULLADAMKUNNU
MANJERI MALAPPURAM, KERALA, PIN - 676123
BY ADVS.
APPU AJITH
K.T.SIDHIQ
RESPONDENT/S:
STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER, MANJERI TOWN BRANCH, MANJERI PO, P.B NO.1 MANJERI, MALAPPURAM, PIN - 676121
AUTHORISED OFFICER,
STATE BANK OF INDIA, MANJERI TOWN BRANCH, MANJERI P.O., P.B NO.1 MANJERI, MALAPPURAM, PIN - 676121
BY ADV TOM K.THOMAS
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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J U D G M E N T
The petitioner availed a Vehicle loan from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioner to approach this court by filing the above writ petition.
2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in installments.
3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 28-03-2025 is Rs.23,67,650/-. It is submitted that some reasonable installments can be given to the petitioner to clear the entire liability.
4. Having heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in installments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.23,67,650/- along with interest, bank charges and costs from the petitioner in the following manner:
(i) The outstanding amount of Rs.23,67,650/- together with any accrued interest, bank charges and costs shall be repaid in twelve
(12) equated monthly instalments;
(ii) The first instalment shall be paid on or before 30-04-2025 and subsequent instalments shall be paid on or before the last working day of each succeeding month;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) 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 AMG
APPENDIX OF WP(C) 13055/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE FROM THE ADVOCATE COMMISSIONER DATED 17/03/2025