Kerala High Court
WP(C)/11089/2025 of PRASANNA KUMARI, Vs THE AUTHORIZED OFFICER, on 28 March 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. 11089 OF 2025 PETITIONER: PRASANNA KUMARI, AGED 45 YEARS, W/O. SURESH, SURESH BHAVAN, MARAMANGA, KAZHIVOOR, KANJIRAMKULAM,
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. 11089 OF 2025
PETITIONER:
PRASANNA KUMARI,
AGED 45 YEARS,
W/O. SURESH, SURESH BHAVAN, MARAMANGA, KAZHIVOOR, KANJIRAMKULAM, THIRUVANANTHAPURAM, PIN – 695524.
BY ADVS.
K.RAJESH KANNAN
PRAVEEN N. PILLAI
RESPONDENT:
THE AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD., P.B.NO.5122, EAST
FORT, FORT (P.O.), THIRUVANANTHAPURAM, PIN – 695023.
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. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the outstanding amount as on today (28.03.2025) is Rs.4,82,252/- (Rupees four lakhs eighty two thousand two hundred and fifty two 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 outstanding amount in limited instalments.
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 outstanding amount along with any accrued interest, costs and charges in 15 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.4,82,252/- (Rupees four lakhs eighty two thousand two hundred and fifty two only) along with any accrued interest, costs and charges from the petitioner in the following manner:-
(i) The petitioner shall pay the outstanding amount of Rs.4,82,252/- (Rupees four lakhs eighty two thousand two hundred and fifty two only) along with any accrued interest, costs and charges in 15 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) 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 petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. Considering the fact that considerably liberal instalments have been granted to the petitioner, it is made clear that no further application for extension of time will be considered under any circumstances. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 11089/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY RESPONDENTENT ON DATED 09-01-2025