Kerala High Court
WP(C)/7748/2025 of AKHIL V. SELVAN, Vs CENTRAL BANK OF INDIA, on 1 April 2025
W.P (C) No.7748/2025 -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. 7748 OF 2025 PETITIONER/S: 1 AKHIL V. SELVAN, AGED 30 YEARS, S/O. SELVAN, KANAKA VIVAS, MOONNALAM MURI,
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. 7748 OF 2025
PETITIONER/S:
AKHIL V. SELVAN,
AGED 30 YEARS, S/O. SELVAN, KANAKA VIVAS, MOONNALAM
MURI, PERINGADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN - 691523
SELVAN,
AGED 67 YEARS, S/O. M. BALASUNDRAN, KANAKA VIVAS, MOONNALAM MURI, PERINGADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN - 691523
VIJAYAMMA,
AGED 64 YEARS, W/O. SELVAN, KANAKA VIVAS, MOONNALAM
MURI, PERINGADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN - 691523
BY ADVS.
ABHIJITH SREEKUMAR
PRAMOD B.
SAI KRISHNAN UNNITHAN V.
AJIL V. RAJAN
PREVIN J.
TITTU JOSE CHACKANAD
RESPONDENT/S:
CENTRAL BANK OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER, ADOOR
BRANCH.NO.6652/10/11. MARIYAM PLAZA, PATHANAMTHITTA, PIN - 691554
SRI. K.M.ANEESH, 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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J U D G M E N T
Petitioners have approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to recover the amounts due under an educational loan availed by the petitioners from the respondent bank. The loan was availed to finance the education of the 1st petitioner for M.B.B.S course in Russia. This court on 27-02-2025 passed the following order:- “The learned counsel for the respondent Bank to file a statement. Post on 13.03.2025. Taking of physical possession shall stand adjourned by a period of two weeks on condition that the petitioners remit a sum of Rs.2,00,000/- (Rupees two lakhs only) towards the loan liability within a period of ten days from today (27.02.2025). Post on 13.03.2025.
2. The learned counsel for the petitioners would submit that the amount directed to be paid as per the interim order has been paid by the petitioners. It is submitted that the petitioners have approached the respondent bank with a request for one time settlement.
3. The learned counsel for the respondent bank submits that in terms of the instructions received from the bank, the petitioners have not approached the bank for one time settlement. It is submitted that if the petitioners approach the bank for one time settlement, the same can be considered in accordance with the law.
4. Having heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent Bank this writ petition will stand disposed of directing that if the petitioner were to submit a written request before the competent authority of the respondent bank within a period of one week from today (01-04-2025), the same shall be considered and disposed of by the competent authority of the respondent bank. Till a decision is taken on the application to be submitted by the petitioner, further steps under SARFAESI Act shall remain suspended. I make it clear that I have not expressed any opinion on the merits of the matter and it is open to the respondent bank to consider the matter in accordance with the law. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 7748/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 17.12.2024 IN MC. NO 309 OF 2024 OF THE CHIEF JUDICIAL MAGISTRATE COURT PATHANAMTHITTA Exhibit P2 A TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER NO.2 ISSUED BY THE GENERAL HOSPITAL ADOOR DATED 24.11.2016