Kerala High Court
WP(C)/12912/2025 of SUBITHA P.S, Vs KERALA STATE CO-OPERATIVE BANK, on 28 March 2025
12912 OF 2025 1 2025:KER:26955 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. 12912 OF 2025 PETITIONER: SUBITHA P.S, AGED 43 YEARS KUZHIVILA KIZHAKKETHIL HOUSE, THEKKUTHODE P.O,
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. 12912 OF 2025
PETITIONER:
SUBITHA P.S,
AGED 43 YEARS
KUZHIVILA KIZHAKKETHIL HOUSE, THEKKUTHODE P.O, THEKKUTHODE MURI, THANNITHODE VILLGE, PATHANAMTHITTA
DISTRICT, PIN - 689699
BY ADVS.
GEORGE ABRAHAM PACHAYIL
O.K.DEEPAMOL
BIJI JOZLET GEORGE
ALEN VARGHESE KURIAN
RESPONDENTS:
KERALA STATE CO-OPERATIVE BANK,
PB NO.6515, CO BANK TOWER, PALAYAM, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS GENERAL MANAGER, PIN - 695033
BRANCH MANAGER,
KERALA STATE CO-OPERATIVE BANK,THEKKUTHODE
BRANCH,THEKKUTHODE,KONNI TALUK,PATHANAMTHITTA DISTRICT, PIN - 689699
AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK,AREA
OFFICE,PATHANAMTHITTA, PIN - 689645
SMT. K.AMMINIKUTTY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has 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, 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 of credit facilities and the overdue amount as on 28.03.2025 is Rs.3,60,547/-(Rupees Three lakhs sixty thousand five hundred and forty-seven only). 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 petitioner can be granted an opportunity to repay the overdue amount along with any accrued interest, costs and charges in 12 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.3,60,547/-(Rupees Three lakhs sixty thousand five hundred and forty-seven only) 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.3,60,547/- (Rupees Three lakhs sixty thousand five hundred and forty-seven only) along with any accrued interest, costs and charges in 12 equated 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. 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.
The writ petition is disposed of as above.
Sd/-GOPINATH P. JUDGE
lsn
APPENDIX OF WP(C) 12912/2025
PETITIONER EXHIBITS
Exhibit P 1 NOTICE ISSUED BY THE COMMISSIONER APPOINTED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA TO THE PETITIONER UNDER THE SARFAESI ACT SECTION 14, DATED 20/03/2025
Exhibit P 2 NOTICE ISSUED BY THE COMMISSIONER APPOINTED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, TO THE PETITIONER'S HUSBAND UNDER THE SARFAESI ACT SECTION 14, DATED 20/03/2025