Kerala High Court
WP(C)/12914/2025 of BABU.C, Vs THE QUILON CO-OPERATIVE URBAN BANK LTD.960, on 28 March 2025
12914 OF 2025 1 2025:KER:26962 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. 12914 OF 2025 PETITIONER: 1 BABU.C, AGED 55 YEARS S/O.CHELLAPPAN ASARI, NEDIYAVILA THEKKATHIL VEEDU, PERINAD,
WP(C) NO. 12914 OF 2025
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. 12914 OF 2025
PETITIONER:
BABU.C,
AGED 55 YEARS
S/O.CHELLAPPAN ASARI, NEDIYAVILA THEKKATHIL VEEDU, PERINAD, CHANDANATHOPE PO, KOLLAM DISTRICT, PIN - 691004
JAYAKUMARI,
AGED 52 YEARS
W/O.BABU.C, NEDIYAVILA THEKKATHIL VEEDU, PERINAD, CHANDANATHOPE PO,KOLLAM DISTRICT, PIN - 691014
SYAM KUMAR,
AGED 30 YEARS
S/O.BABU.C,NEDIYAVILA THEKKATHIL VEEDU, PERINAD, CHANDANATHOPE PO,KOLLAM DISTRICT, PIN - 691014
BY ADV M.AJITH (KARICODE)
RESPONDENTS:
THE QUILON CO-OPERATIVE URBAN BANK LTD.960, MUNDAKKAL BRANCH, SNDP UNION OFFICE BUILDING, OPPOSITE
SN WOMEN’S COLLEGE, MUNDAKKAL, KOLLAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 691001
THE BRANCH MANAGER,
THE QUILON CO-OPERATIVE URBAN BANK LTD.960, MUNDAKKAL
BRANCH, SNDP UNION OFFICE BUILDING, OPPOSITE SN WOMEN’S
COLLEGE, MUNDAKKAL, KOLLAM DISTRICT, PIN - 691000
THE AUTHORISED OFFICER,
THE QUILON CO-OPERATIVE URBAN BANK LTD.960,HEAD OFFICE, YMCA ROAD, KOLLAM DISTRICT, PIN - 691001
WP(C) NO. 12914 OF 2025
SMT. D.P.RENU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12914 OF 2025
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JUDGMENT
The petitioners have 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 petitioners.
2. During the course of hearing, petitioners have 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 petitioners committed default in repayment of credit facilities and the overdue amount as on 28.03.2025 is Rs.1,98,405/-(Rupees One lakh ninety eight thousand four hundred and five 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 petitioners can be granted an opportunity to repay the overdue amount along with any accrued interest, costs and charges in 8 instalments and thereafter, if the amount so directed is repaid within the time as directed above, to
WP(C) NO. 12914 OF 2025
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.1,98,405/-(Rupees One lakh ninety eight thousand four hundred and five only) along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioners in the following manner: i. The petitioners shall pay the overdue amount of Rs.1,98,405/- (Rupees One lakh ninety eight thousand four hundred and five only) along with any accrued interest, costs and charges in 8 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. Petitioners 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 petitioners 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
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WP(C) NO. 12914 OF 2025
APPENDIX OF WP(C) 12914/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RECEIPT WITH NO.1890 DATED 07.8.2023 SHOWING REMITTANCE OF RS.206000 MADE BY 1ST PETITIONER
Exhibit P2 A TRUE COPY OF THE RECEIPT WITH NO.15 DATED 23.10.2024 SHOWING REMITTANCE OF RS.40000 MADE BY 1ST PETITIONER
Exhibit P3 A TRUE COPY OF THE DISABILITY CERTIFICATE OF VISHNU.B, WHO IS THE YOUNGER SON OF PETITIONERS 1 AND 2 DATED 14.6.2022 ISSUED FROM A.A.RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM
Exhibit P4 A TRUE COPY OF THE OUTPATIENT TICKET OF 1ST PETITIONER ISSUED FROM A.A.RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM DATED 17.2.2025
Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE COMMISSIONER DATED 04.3.2025 TO THE PETITIONERS