Kerala High Court
WP(C)/6710/2025 of MOHAMMED T.V., Vs UNION BANK OF INDIA, on 2 April 2025
WP(C) NO. 6710 OF 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. 6710 OF 2025 PETITIONER/S: MOHAMMED T.V.,AGED 60 YEARS S/O. T. ABDU RAHMAN, THACHARA VALAPPIL, ANNAKKAMPADU
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. 6710 OF 2025
PETITIONER/S:
MOHAMMED T.V.,AGED 60 YEARS
S/O. T. ABDU RAHMAN, THACHARA VALAPPIL,
ANNAKKAMPADU HOUSE, EDAPPAL P.O.,
MALAPPURAM, PIN - 679576
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
P.JAHANGEER
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENT/S:
UNION BANK OF INDIA,REPRESENTED BY ITS MANAGER, EDAPPAL BRANCH, CHULLIYIL BUILDING, PONNANI ROAD, EDAPPAL, MALAPURAM, PIN - 679576
CHEIF MANGER,UNION BANK OF INDIA, EDAPPAL BRANCH, CHULLIYIL BUILDING, PONNANI ROAD, EDAPPAL, MALAPURAM, PIN - 679576
AUTHORIZED OFFICER,UNION BANK OF INDIA,
CHULLIYIL BUILDING, PONNANI ROAD, EDAPPAL, MALAPURAM, PIN - 679576
BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
B.SREEDEVI
ATHIRA VIJAYAN
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
Petitioner has approached this Court, challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 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. It is submitted on behalf of the respondent bank that the petitioner availed a housing loan from the respondent bank and committed default in repayment and the overdue amount, as on 02.04.2025 would come to Rs.2,20,000/- (Rupees Two lakh and twenty thousand only). It is submitted that, possession of the secured asset has taken by the bank. 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.
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 of Rs.2,20,000/- (Rupees Two lakh and twenty thousand only) along with any accrued interest, cost and charges in ten 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.2,20,000/- (Rupees Two lakh and twenty thousand only)along with accrued interest, cost and bank 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.2,20,000/- (Rupees Two lakh and twenty thousand only) along with any accrued interest, cost and charges in ten 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 each succeeding months;
(iii) On the petitioner remitting a total of Rs.1,20,000/- towards the overdue amount, the possession of the secured asset shall be restored to the petitioner;
(v) Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above;
(vi) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(vii) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
It is also directed that if the petitioner wishes to take out any movable items from the property, on application made by the petitioner, the petitioner will be permitted to remove such movable items from the premises in question without any delay. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 6710/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE NOTICE DATED 04.12.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A COPY OF THE NOTICE DATED 07.12.2024 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER