Kerala High Court
WP(C)/10773/2025 of JIJU S S, Vs AUTHORIZED OFFICER, 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. 10773 OF 2025 PETITIONER: JIJU S S, AGED 35 YEARS, S/O SIMON,AMBANADU MEKKEKKARA PUTHEN VEEDU,ALATHOOR, ANAVOOR P O, NEYYATTINKARA,THIRUVANANTHAPURAM
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. 10773 OF 2025
PETITIONER:
JIJU S S,
AGED 35 YEARS,
S/O SIMON,AMBANADU MEKKEKKARA PUTHEN VEEDU,ALATHOOR, ANAVOOR P O, NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT, PIN – 695124.
BY ADVS.
AYYAPPAN SANKAR
JAYAN JOHN
S.HRIDYA
RESPONDENTS:
AUTHORIZED OFFICER,
M/S THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA
BANK), REGIONAL OFFICE, THIRUVANANTHAPURAM DISTRICT, PIN – 695018.
THE MANAGER,
THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK (KERALA
BANK), ARUVIPPURAM BRANCH, PP.4/461,BHAGEERATHI
BHAVAN,ARUVIPPURAM, THIRUVANANTHAPURAM, PIN – 695126.
BY ADV THOMAS ABRAHAM, 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 was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of a term loan and the overdue amount as on 28.02.2025 is Rs.7,80,720/- (Rupees seven lakhs eighty thousand seven hundred and twenty only). It was 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.7,80,720/-(Rupees seven lakhs eighty thousand seven hundred and twenty 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.7,80,720/-(Rupees seven lakhs eighty thousand seven hundred and twenty 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 DK
APPENDIX OF WP(C) 10773/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF LOAN PASSBOOK ISSUED TO THE PETITIONER ON 11.01.2019 BY THE THIRUVANANTHAPURAM DISTRICT CO- OPERATIVE BANK LTD., ARUVIPURAM BRANCH Exhibit P2 TRUE COPY OF THE NOTICE DATED 6.1.2024 ISSUED BY THE SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, THIRUVANANTHAPURAM TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 7.3.2025 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN M.C. NO.66/2025