Kerala High Court
WP(C)/13172/2025 of P.V Manual Vs KERALA BANK LTD. on 28 March 2025
13172 OF 2025 1 2025:KER:27385 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. 13172 OF 2025 PETITIONER: P.V MANUAL AGED 54 YEARS S/O VARGHESE, PUZHAKKARAYIL HOUSE, PANIKKANKUDI 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. 13172 OF 2025
PETITIONER:
P.V MANUAL
AGED 54 YEARS
S/O VARGHESE, PUZHAKKARAYIL HOUSE, PANIKKANKUDI P.O, PANIKKANKUDI, IDUKKI DISTRICT, PIN - 685604
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
KERALA BANK LTD.
CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER., PIN - 695033
THE AUTHORIZED OFFICER
AREA MANAGER UNDER THE SARFAESI ACT, KERALA BANK LTD., REGIONAL OFFICE, IDUKKI COLONY P.O, IDUKKI, PIN - 685601
THE BRANCH MANAGER
KERALA BANK LTD., KAMBALIKANDOM BRANCH, IDUKKI
DISTRICT, PIN - 685604
SRI. K.S.ARUNKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the 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 outstanding amount in instalments.
3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the outstanding amount as on 28.03.2025 is Rs.3,37,282/-. 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 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 in 10 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.3,37,282/- along with any accrued interest, costs and charges from the petitioner in the following manner:
(i) The outstanding amount of Rs.3,37,282/- along with any accrued interest, costs and charges shall be repaid in 10 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. The writ petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 13172/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT ISSUED TO THE PETITIONER ON 29.08.2024