Kerala High Court
WP(C)/11694/2025 of AMIT CHANDRAN PILLAI, Vs STATE BANK OF INDIA, on 1 April 2025
WP(C) NO. 11694 OF 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. 11694 OF 2025 PETITIONER/S: AMIT CHANDRAN PILLAI, AGED 47 YEARS S/O. CHANDRAN PILLAI, SREE DHANYA, NEAR
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. 11694 OF 2025
PETITIONER/S:
AMIT CHANDRAN PILLAI, AGED 47 YEARS
S/O. CHANDRAN PILLAI, SREE DHANYA, NEAR PANDARATHIL
EDAVOOR MADAM, ARUVIUKKARA P.O, KOKOTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695564
BY ADV V.A.VINOD
RESPONDENT/S:
STATE BANK OF INDIA,
REPRESENTED BY ITS BRANCH MANAGER, PATTOM BRANCH, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
AUTHORISED OFFICER,
STATE BANK OF INDIA, SARB, LMS COMPOUND, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
SMT. LAKSHMI S., 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
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 accounts.
3. It is submitted on behalf of the respondent bank that the petitioner availed a housing loan and a suraksha loan from the respondent bank and committed default in repayment and the overdue amount, as of now, would come to Rs.9,00,000/- (Rupees Nine lakh only). It is submitted that, this is a case where the bank has recalled the loan and has filed O.A. No.487 of 2025, which is pending before the Debts Recovery Tribunal-II, Ernakulam. It is submitted that, notwithstanding the above, if the petitioner were to remit the overdue amount is three instalments, the loan account of the petitioner can be regularized. It is submitted that, the petitioner may also be required to execute necessary documents as may be required by the respondent bank for reguralisation of 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.9,00,000/- (Rupees Nine lakh only) along with any accrued interest, cost and charges in three 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.9,00,000/- (Rupees Nine lakh 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.9,00,000/- (Rupees Nine lakh only) along with any accrued interest, cost and charges in three 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) 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;
(vi) The petitioner shall execute necessary documents for regularizing the loan account. The bank shall withdraw S.A. No.487 of 2025 pending before the Debts Recovery Tribunal-II, Ernakulam, forthwith, if so advised. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 11694/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY NOTICE ISSUED BY THE RESPONDENT BANK DATED 03.02.2025