Kerala High Court
WP(C)/10044/2025 of ABOOBACKER, Vs PONNANI CO-OPERATIVE URBAN BANK, 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. 10044 OF 2025 PETITIONER: ABOOBACKER, AGED 52 YEARS S/O. MUHAMMED KUTTY,RARUVALAPPIL HOUSE, P.O. PURANG, MALAPPURAM, PIN - 679584 BY
2025:KER:27283
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. 10044 OF 2025
PETITIONER:
ABOOBACKER,
AGED 52 YEARS
S/O. MUHAMMED KUTTY,RARUVALAPPIL HOUSE, P.O. PURANG, MALAPPURAM, PIN - 679584
BY ADVS.
ABDUL RAOOF PALLIPATH
E.MOHAMMED SHAFI
PRAJIT RATNAKARAN
KRISHNAPRIYA R.
SOORYA K.
ANJU DONY
RESPONDENTS:
PONNANI CO-OPERATIVE URBAN BANK,
LHEAD OFFICE, C.V. JUNCTION,LTD, PONNANI, MALAPPURAM
REPRESENTED BY THE AUTHORIZED OFFICER, PIN - 679577
THE BRANCH MANAGER,
PONNANI CO-OPERATIVE URBAN BANK LTD,HEAD
OFFICE ,C.V. JUNCTION, PONNANI, MALAPPURAM, PIN - 679577
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY(A-768)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
2025:KER:27283
WP(C) NO. 10044 OF 2025
ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:27283
WP(C) NO. 10044 OF 2025
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 was submitted on behalf of the respondent bank that the petitioner committed default in repayment of a mortgage overdraft loan and the outstanding amount as on 17.03.2025 is Rs.27,65,022/-(Rupees twenty seven lakhs sixty five thousand and twenty 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
2025:KER:27283
WP(C) NO. 10044 OF 2025 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.27,65,022 /-(Rupees twenty seven lakhs sixty five thousand and twenty two only) along with any accrued interest, costs and charges from the petitioner in the following manner:
(i) The outstanding amount of Rs.27,65,022/-(Rupees twenty seven lakhs sixty five thousand and twenty two only) 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 10.04.2025 and the subsequent instalments shall be paid on or before the 10th day of every succeeding months;
(iii) In the event of default of any one instalment, the
2025:KER:27283
WP(C) NO. 10044 OF 2025 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 STB
2025:KER:27283
WP(C) NO. 10044 OF 2025 APPENDIX OF WP(C) 10044/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 19.01.2022 ISSUED BY 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 8.3.2025 ISSUED BY THE COMMISSIONER