Kerala High Court
WP(C)/11763/2025 of HARSHAKUMAR. B, Vs HDFC BANK LIMITED, on 2 April 2025
OF 2025 1 2025:KER:28802 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. 11763 OF 2025 PETITIONERS: 1 HARSHAKUMAR. B, AGED 45 YEARS S/O BHARGAVAN,RESIDING AT VIGNESWARA, SUT HOSPITAL
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. 11763 OF 2025
PETITIONERS:
HARSHAKUMAR. B,
AGED 45 YEARS
S/O BHARGAVAN,RESIDING AT VIGNESWARA, SUT HOSPITAL
ROAD, VATTAPARA, VENGODE P.O., THIRUVANANTHAPURAM, PIN
- 695028
REENA P,
AGED 39 YEARS
W/O HARSHAKUMAR. B,RESIDING AT VIGNESWARA,SUT HOSPITAL
ROAD, VATTAPARA,VENGODE P.O., THIRUVANANTHAPURAM, PIN - 695028
BY ADV Y.BEYLINE DASY
RESPONDENT:
HDFC BANK LIMITED,
REPRESENTED BY ITS AUTHORIZED OFFICER MR. SIVAKUMAR. S, P.B. NO.2288, OPP. TAGORE THEATRE,VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
Ambily S
RUPA R. NAIR(K/001021/2023)
ELIZABETH PETER(K/001100/2025)
K.K.CHANDRAN PILLAI (SR.)(C-41)
SMT. S.AMBILY, 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
This is the second round of litigation at the instance of the petitioners challenging the proceedings initiated against the petitioners under the provisions of the SARFAESI Act.
2. The learned counsel appearing for the respondent bank submits that overdue amount after giving credit to all the amounts paid by the petitioners is approximately Rs.1,04,000/-. It is submitted that if the petitioner are remitting Rs.1,04,000/- immediately, the bank has no objection in regularizing the loan account.
3. The learned counsel appearing for the petitioners would submit that the petitioners will pay the overdue amount of Rs.1,04,000/- by 25.04.2025. It is also submitted that the petitioners shall also pay the regular EMI on the due date without fail.
4. Having heard the learned counsel for the petitioners and the learned counsel appearing for the respondent bank, and having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the total overdue amount of Rs.1,04,000/- 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.1,04,000/- along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioner in the following manner:
i. Petitioners shall pay the present overdue amount of Rs.1,04,000/- together with any accrued interests, charges and costs on or before 25.04.2025.
ii. Petitioners shall continue to pay the regular EMI along with the instalment directed above;
iii. In the event of default, the respondent bank shall be entitled to proceed in accordance with the law;
iv. In order to enable the petitioners 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 Nsd
APPENDIX OF WP(C) 11763/2025 PETITIONERS EXHIBITS Exhibit P1 COPY OF THE JUDGEMENT IN WP(C) NO. 41475/2024 OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM. Exhibit P2 SCREENSHOT OF GOOGLE PAYMENT DATED 29.11.2024. Exhibit P3 SCREENSHOT OF GOOGLE PAYMENT DATED 18.03.2025 Exhibit P4 COPY OF THE DEMAND DRAFT NOTICE NO. NO.122936 005713069686 DATED 18.03.2025. Exhibit P5 SCREENSHOT OF PHONEPE PAYMENT DATED 19.03.2025. Exhibit P6 COPY OF THE NOTICE FROM ADVOCATE COMMISSIONER IN MC NO. 717/2024 HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 07.03.2025