Kerala High Court
WP(C)/12285/2025 of NEETHI MAJU, Vs UNION BANK OF INDIA, on 28 March 2025
W.P (C) No.12285/2025 -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. 12285 OF 2025 PETITIONER/S: 1 NEETHI MAJU, AGED 45 YEARS W/O. MAJU MATHAI, ERANATHUPUTHANPURA, KARAMALA 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. 12285 OF 2025
PETITIONER/S:
NEETHI MAJU,
AGED 45 YEARS
W/O. MAJU MATHAI, ERANATHUPUTHANPURA, KARAMALA P.O., KOZHIPPILLY, PIN - 686662
MAJU MATHAI,
AGED 50 YEARS
S/O. MATHUNNI @ JOY, ERANATHUPUTHANPURA, KARAMALA P.O., KOZHIPPILLY, PIN - 686662
BY ADV R.GIRISH
RESPONDENT/S:
UNION BANK OF INDIA,
REPRESENTED BY ITS BRANCH MANAGER, KULANGARA TOWERS, KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661
OTHER PRESENT:
SRI. A.S.P.KURUP, 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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J U D G M E N T
The petitioners availed a Cash Credit facility from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioners to approach this court by filing the above writ petition.
2. The learned counsel appearing for the petitioners would submit that the petitioners may be permitted to clear the entire liability in installments.
3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioners as on 28-03-2025 is Rs.92,91,573/-. It is submitted that some reasonable installments can be given to the petitioners to clear the entire liability.
4. Having heard the learned counsel for the petitioners and the learned Standing counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in installments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.92,91,573/- along with interest, bank charges and costs from the petitioners in the following manner:
(i) The outstanding amount of Rs.92,91,573/- together with any accrued interest, bank charges and costs shall be repaid in twelve
(12) equated monthly instalments;
(ii) The first instalment shall be paid on or before 30-04-2025 and subsequent instalments shall be paid on or before last working day of each succeeding month;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) 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 AMG
APPENDIX OF WP(C) 12285/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 5/12/2024 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS