Kerala High Court
WP(C)/12408/2025 of ABDUL KAREEM P.K, Vs THE KERALA STATE CO-OPERATIVE BANK, on 28 March 2025
W.P (C) No.12408/2025 -1- 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. 12408 OF 2025 PETITIONER/S: ABDUL KAREEM P.K, AGED 54 YEARS S/O. RAYIN KUTTY, PURATHIKUNNAL
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. 12408 OF 2025
PETITIONER/S:
ABDUL KAREEM P.K,
AGED 54 YEARS
S/O. RAYIN KUTTY, PURATHIKUNNAL HOUSE,KARIMBANTHODI, VADAKKUMPADAM P O, MALAPPURAM DISTRICT, PIN - 679339
BY ADVS.
P.SAMSUDIN
JASNEED JAMAL
LIRA A.B.
DEVIKA E.D.
ABIN RASHID
RESPONDENT/S:
THE KERALA STATE CO-OPERATIVE BANK,
REPRESENTED BY ITS AUTHORIZED OFFICER, PB NO.8, MANJERI
ROAD, UPHILL, MALAPPURAM DISTRICT, PIN - 67650
THE AUTHORIZED OFFICER,
THE KERALA STATE CO-OP BANK,P B NO.8, MANJERI ROAD, UPHILL, MALAPPURAM DISTRICT, PIN - 676505
OTHER PRESENT:
SRI. GILBERT GEORGE CORREYA
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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J U D G M E N T
Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due upon a Housing loan availed by 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. The learned counsel for the respondent bank submits that the sale of the property of the petitioner scheduled yesterday (27-03-2025) did not take place for want of bidders. It is submitted that in such circumstances the bank is ready and willing to accept repayment of the overdue amount in limited instalments and regularise the loan account of the petitioner. It is submitted that the overdue amount as on 28-02-2025 is Rs.28,37,388/-.
4. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Bank and having regard to the facts and circumstances of the case and the submissions made as recorded above and also taking into account the fact that the petitioner has undertaken to clear off the overdue amount along with regular EMIs/instalments, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount in fifteen (15) equal monthly instalments first of which shall be paid on or before 20-04-2025 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.28,37,388/- along with interest, bank charges and costs from the petitioner and regularise the loan account of the petitioner in the following manner:
(i) The overdue amount of Rs.28,37,388/- together with any accrued interest, bank charges and costs shall be repaid in fifteen equated monthly instalments;
(ii) The first instalment shall be paid on or before 20-04-2025 and the subsequent instalments shall be paid on or before 20th working day of each succeeding month;
(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 AMG
APPENDIX OF WP(C) 12408/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER DATED 24/02/2025 Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER