Kerala High Court
WP(C)/7701/2025 of ISMAIL ANNA, Vs THE KERALA STATE CO-OPERATIVE BANK LTD. on 1 April 2025
W.P (C) No.7701/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 7701 OF 2025 PETITIONER/S: ISMAIL ANNA, AGED 52 YEARS S/O. ABDUL AZEEZ, ANNA HOUSE, EZHILODE P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 7701 OF 2025
PETITIONER/S:
ISMAIL ANNA,
AGED 52 YEARS
S/O. ABDUL AZEEZ, ANNA HOUSE, EZHILODE P.O., KUNHIMANGALAM, KANNUR, PIN - 670309
BY ADV LAKSHMI SREEDHAR
RESPONDENT/S:
THE KERALA STATE CO-OPERATIVE BANK LTD.
PILATHARA BRANCH, KUNHIMANGALAM,KANNUR, REPRESENTED BY
ITS MANAGER, PIN - 670309
GENERAL MANAGER.,
KANNUR REGIONAL OFFICE,P.B.NO.35, KANNUR, PIN - 670001
THE AUTHORISED OFFICER UNDER SARFAESI ACT (CHIEF
MANAGER),
KERALA BANK,KANNUR REGIONAL OFFICE,KANNUR, PIN - 670001
BY ADV M.SASINDRAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due upon a Housing loan availed by 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 committed default in repayment and the overdue amount as on 27-02-2025 is Rs.13,47,853/-. 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 heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Bank and having regard to the facts and circumstances of the case and the submissions made as recorded above and also taking into account the fact that the petitioner has undertaken to clear off the overdue amount along with regular EMIs/instalments, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount in fifteen (15) equal monthly instalments first of which shall be paid on or before 10-04-2025 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.13,47,853/- along with interest, bank charges and costs from the petitioner and regularise the loan account of the petitioner in the following manner:
(i) The overdue amount of Rs.13,47,853/- together with any accrued interest, bank charges and costs shall be repaid in fifteen 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 last working day of each succeeding month;
(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. Taking into account the fact that considerably liberal instalments have been granted to the petitioner, it is made clear that no extension of time will be considered under any circumstances. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 7701/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE LOAN DOCUMENT DATED 10.04.2018 Exhibit P-2 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER’S SON DATED 15.03.2014 Exhibit P-3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE BANKING OMBUDSMAN DATED 27.05.2024 Exhibit P-4 TRUE COPY OF THE RESPONSE OF THE GENERAL MANGER, KANNUR REGIONAL OFFICE DATED 19.07.2024 Exhibit P-5 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER DATED 23.01.2024 Exhibit P-6 TRUE COPY OF THE EXCISION BIOPSY REPORT OF THE PETITIONER’S WIFE RAMLA DATED 27.07.2024 Exhibit P-7 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.370/2022, DATED 20.02.2025 Exhibit P-8 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 21.02.2025