Kerala High Court
WP(C)/5675/2025 of ALICE JOSEPH, Vs BRANCH MANAGER, on 28 March 2025
WP(C) NO. 5675 OF 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. 5675 OF 2025 PETITIONER/S: 1 ALICE JOSEPH, AGED 80 YEARS W/O. JOSEPH, EDAVAZHICKAL HOUSE, MAILACOMBU,
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. 5675 OF 2025
PETITIONER/S:
ALICE JOSEPH, AGED 80 YEARS
W/O. JOSEPH, EDAVAZHICKAL HOUSE, MAILACOMBU, THODUPUZHA, IDUKKI (DISTRICT), PIN - 685608
SHAIJAN JOSEPH, AGED 50 YEARS
S/O. JOSEPH JOSEPH, EDAVAZHICKAL HOUSE, MAILACOMBU, THODUPUZHA, IDUKKI (DISTRICT), PIN - 685608
BY ADVS.
C.A.JOJO
S.JIJI
JOSEPH ANU A.A
RESPONDENT/S:
BRANCH MANAGER,UNION BANK OF INDIA,
KUMARAMANGALAM BRANCH, THODUPUZHA,
IDUKKI (DISTRICT), PIN - 685608
AUTHORIZED OFFICER,REGIONAL OFFICE UNION BANK OF INDIA, ADICHIRA, KOTTAYAM, KOTTAYAM (DISTRICT), PIN - 680016
BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
B.SREEDEVI
ATHIRA VIJAYAN
ANSHA A.
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 2nd petitioner availed a loan from the respondent bank. The 1st petitioner is the mother of the 2nd petitioner. Petitioners have approached this Court, challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 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 2nd petitioner availed a loan from the respondent bank and committed default in repayment and the overdue amount, as on 28.03.2025, would come to Rs.5,30,000/- (Rupees Five lakh and thirty thousand 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 of Rs.5,30,000/- (Rupees Five lakh and thirty thousand only) along with any accrued interest, cost and charges in ten 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.5,30,000/- (Rupees Five lakh and thirty thousand only) along with accrued interest, cost and bank 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.5,30,000/- (Rupees Five lakh and thirty thousand only) along with any accrued interest, cost and charges in ten equated monthly instalments;
(ii) The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the last working day of each succeeding months;
(iii) Petitioners shall continue to pay the regular EMI’s/instalments along with the instalments directed above;
(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance. Since the possession of the secured asset had already been taken by the bank and was restored to the petitioners on the basis of the interim order issued by this Court, it is made clear that if the petitioners commit any further default in repaying the amounts as directed above, the petitioners shall immediately surrender the vacant possession of the secured asset to the Authorized Officer of the respondent bank . If the petitioners fail to do so, it will be open to the respondent bank to seek police assistance for taking possession of the secured asset and proceed further in accordance with the law; The writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 5675/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA DATED 09/04/2024