Kerala High Court
WP(C)/12611/2025 of ABDUL JALEEL K.T., Vs UNION OF INDIA, on 27 March 2025
WP(C) NO. 12611 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12611 OF 2025 PETITIONER/S: ABDUL JALEEL K.T., AGED 36 YEARS KUVA THODIKA, KODOLI HOUSE, A.C. BAZAR, P.O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 12611 OF 2025
PETITIONER/S:
ABDUL JALEEL K.T., AGED 36 YEARS
KUVA THODIKA, KODOLI HOUSE, A.C. BAZAR, P.O.
MOONNIYUR, MALAPPURAM REP. BY HIS POWER OF ATTORNEY
HOLDER , UMMAR KOORITHODIKA, AGED 37 YEARS, S/O SAIDALAVI, PARAMBILPADI, P.O. VENGARA, MALAPPURAM, PIN - 676304
BY ADVS.
THAREEQ ANVER K.
K.C.KHAMARUNNISA
ARUN CHAND
RASSAL JANARDHANAN A.
K.SALMA JENNATH
RESPONDENT/S:
UNION OF INDIA,REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN-110001
ICICI BANK LTD. REP. BY ITS BRANCH MANAGER, DELMA COMPLEX, OPP. COOPERATIVE HOSPITAL, SHORNUR ROAD, THRISSUR, PIN - 680001
AUTHORISED OFFICER,
ICICI BANK LTD., DELMA COMPLEX, OPP. COOPERATIVE
HOSPITAL, SHORNUR ROAD, THRISSUR, PIN - 680001
SRI. P.SATHISAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2025, 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 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 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 is submitted on behalf of the respondent bank that the petitioner availed credit facilities from the respondent bank and committed default in repayment and the overdue amount, as of now, would come to Rs.6,90,000/- (Rupees Six lakh and ninety 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 provided a substantial amount is paid as expeditiously as possible.
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 of Rs.6,90,000/- (Rupees Six lakh and ninety thousand only) on a condition that the petitioner shall pay an amount of Rs.3,00,000/- (Rupees Three lakh only) on or before 05.04.2025 and the balance amount along with any accrued interest, cost and charges in six 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.6,90,000/- (Rupees Six lakh and ninety thousand only) along with accrued interest, cost and bank charges from the petitioner and regularise the loan account of the petitioner in the following manner:-
(i) Petitioner shall pay an amount of Rs.3,00,000/- (Rupees Three lakh only) on or before 05.04.2025;
(ii) The balance overdue amount of Rs.3,90,000/- (Rupees Three lakh and ninety thousand only) along with any accrued interest, cost and charges shall be paid in six equated monthly instalments;
(iii) The first instalment shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 05th day of each succeeding months;
(iv) Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above;
(v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(vi) 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 ajt
APPENDIX OF WP(C) 12611/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LOAN ACCOUNT STATEMENTS OF LBTHR00005579240 AND LBTHR00005579234 DATED 12/09/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 19/10/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 11/03/2025 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED AT THE INSTANCE OF THE 2ND RESPONDENT BY THE HON'BLE CJM, MANJERI