Kerala High Court
WP(C)/11389/2025 of MUBEENA NAUSHAD, Vs STATE BANK OF INDIA, on 28 March 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11389 OF 2025 PETITIONER: MUBEENA NAUSHAD, AGED 40 YEARS, W/O. NAUSHAD A.T., C 43/777-4 MUBEENA MANZIL, JUBALI NAGAR, HOUSE NO.22- A , KALLATTU MUKKU,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 11389 OF 2025
PETITIONER:
MUBEENA NAUSHAD,
AGED 40 YEARS,
W/O. NAUSHAD A.T., C 43/777-4 MUBEENA MANZIL, JUBALI
NAGAR, HOUSE NO.22-A, KALLATTU MUKKU, MANACAUD, P.O., THIRUVANANTHAPURAM, PIN – 695009.
BY ADV RAJEE P MATHEWS
RESPONDENTS:
STATE BANK OF INDIA,
REPRESENTED BY ITS AUTHORIZED OFFICER, PUTHENCHANTHAI
BRANCH, THIRUVANANTHAPURAM, PIN – 695001.
STATE BANK OF INDIA,
LOCAL HEAD OFFICE, POOJAPPURA MAIN ROAD, THIRUVANAATHAPURAM, REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN – 695021.
BY SRI. JAWAHAR JOSE, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The husband of the petitioner availed a housing loan from the respondent bank. On default being committed proceedings have been initiated against the husband of the petitioner under the provisions of the SARFAESI Act prompting the petitioner to approach this Court by filing the above writ petition.
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. The learned counsel appearing for the respondent Bank submits that this is a case where the Bank has already recalled the loan and has filed an Original Application as O.A.No.864/2024. It is submitted that notwithstanding the above and purely as a matter of indulgence, the Bank is willing to permit the petitioner to regularize the loan account provided the petitioner pays the balance overdue amount by 30.04.2025. It is submitted that the balance overdue amount after giving credit to the amount paid in pursuant to the interim order (dated 20.03.2025) is Rs.3,81,000/-(including the EMI / instalments payable in the month of April 2025). It is submitted that the petitioner may also be required to execute necessary documents for regularizing the loan account as the O.A filed before the Debts Recovery Tribunal will have to be withdrawn.
4. The learned counsel for the petitioner submits that the husband of the petitioner is undergoing treatment for heart disease. It is submitted that in such circumstances the petitioner may be given some further instalments to clear the overdue amount and to obtain regularisation of the loan account.
5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Bank and purely as a matter of indulgence and considering the extremely fair stand taken by the learned counsel appearing for the respondent, this writ petition will stand disposed of permitting the petitioner to pay off the balance amount of Rs.3,81,000/- (amount payable including the EMI / instalment for the month of April 2025) along with any accrued interest, costs and charges in three equal monthly instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent Bank to accept repayment of the balance overdue amount of Rs.3,81,000/- (amount payable including the EMI/instalment for the month of April 2025) along with any accrued interest, costs and 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.3,81,000/- (Rupees three lakhs eighty one thousand only) (amount payable including the EMI / instalment for the month of April 2025) along with any accrued interest, costs and charges in three equated monthly instalments;
ii. The first instalment shall be paid on or before 30.04.2025 and the and the subsequent instalments shall be paid on or before 31.05.2025 and 30.06.2025. 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 hall 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 also execute necessary documents as required by the Bank for regularizing the loan account. The writ petition is disposed of as above. Sd/-
GOPINATH P.
JUDGE DK
APPENDIX OF WP(C) 11389/2025 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DISCHARGE SUMMERY ISSUED BY THE ANANTHAPURI HOSPITALS AND RESEARCH INSTITUTE DATED 5/6/2024.