Kerala High Court
WP(C)/12030/2025 of VIJAYAN T.K., Vs KERALA STATE COOPERATIVE BANK LIMITED, on 1 April 2025
OF 2025 1 2025:KER:28348 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. 12030 OF 2025 PETITIONERS: 1 VIJAYAN T.K., AGED 55 YEARS S/O.K.M.KUTTY, THEKKUPPURATH HOUSE, PAZHOOR P.O, PIRAVOM,
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. 12030 OF 2025
PETITIONERS:
VIJAYAN T.K.,
AGED 55 YEARS
S/O.K.M.KUTTY, THEKKUPPURATH HOUSE, PAZHOOR P.O, PIRAVOM, ERNAKULAM, PIN - 686664
JYOTSANA VIJAYAN,
AGED 47 YEARS
W/O VIJAYAN, THEKKUPPURATH HOUSE, PAZHOOR P.O, PIRAVOM, ERNAKULAM, PIN - 686664
BY ADV NIDHIN RAJ VETTIKKADAN
RESPONDENTS:
KERALA STATE COOPERATIVE BANK LIMITED,
PIRAVOM BRANCH, VIII/451, ST. MICHAEL TOWER, OPPOSITE
PRIVATE BUS STAND, PIRAVOM, ERNAKULAM REPRESENTED BY
ITS AUTHORIZED OFFICER, PIN - 686664
KERALA STATE COOPERATIVE BANK LIMITED,
PERUMBAVOOR MAIN BRANCH, YATRI NIVAS, AM ROAD, PERUMBAVOOR, PIN - 683542
SMT. K.AMMINIKUTTY, SC
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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JUDGMENT
The petitioners have approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from the petitioner.
2. During the course of hearing, petitioners have 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 petitioners committed default in repayment of a housing loan and the total overdue amount as on 25.03.2025 is Rs.51,000/-. 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 petitioners can be granted an opportunity to repay the total overdue in five equal monthly instalments, the first of which shall be paid on or before 15.04.2025 and the subsequent instalments shall be paid on the 15th day of every succeeding months 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.51,000/- along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioners in the following manner:
i. The petitioners shall pay the overdue amount of Rs. 51,000/- along with any accrued interest, costs and charges in five equal monthly instalments;
ii. The first instalment shall be paid on or before 15.04.2025 and the subsequent instalments shall be paid on or before the 15th day of every succeeding months;
iii. Petitioners 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 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) 12030/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 12.12.2024 ISSUED BY 2ND RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1 Exhibit P1(a) THE READABLE COPY OF 1ST PAGE OF EXHBIT P1 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1(A) Exhibit P2 A TRUE COPY OF THE NOTICE, DATED 10.03.2025 ISSUED BY THE 2ND RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2 Exhibit P2(a) THE READABLE COPY OF THE FIRST PAGE OF THE EXHIBIT P2 IS PRODUCED HEREWITH NAD MARKED AS EXHIBIT P2(A) Exhibit P3 A TRUE COPY OF THE PHOTOGRAPH OF THE BOARD AFFIXED IN THE WALL OF THE SCHEDULE PROPERTY IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3