2025:KER:26183 WP(C) No.1821 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 1821 OF 2025 PETITIONER: JOLLY AGED 45 YEARS BANGLAVIL KADAVIL, ARINALLOOR, KARUNAGAPPALLY, KOLLAM, PIN - 690538 BY ADVS. UMMUL FIDA C.IJLAL P.PARVATHY MAJID MUHAMMED K. ANANDU R. MOHAMMED AZEEM M. RESPONDENTS: 1 STATE OF KERALA SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF SECRETARY, PIN - 695001 2 THE DEPUTY TAHSILDAR KARUNAGAPPALLY TALUK, MINI CIVIL STATION, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690518 3 KERALA BANK, THEVALAKKARA -KERALA STATE CO-OPERATIVE BANK, I/7, ELR, OLLMPIN, THEVALAKKARA, KOLLAM, REPRESENTED BY ITS MANAGER, PIN - 690524 BY SRI.P.C. SASIDHARAN, SC. SMT.SHEEJA C.S, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26183 WP(C) No.1821 of 2025 2 JUDGMENT The loan availed by the petitioner from the 3rd respondent Bank fell in arrears. The Bank initiated proceedings under Section 13 of the SARFAESI Act. Ext.P4 is the demand notice issued under the SARFAESI Act by the Bank. Against the said proceedings, the petitioner had preferred SA No.93 of 2022 before the Debts Recovery Tribunal, Ernakulam. In the meantime, the Bank also initiated proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P6 is the demand notice issued under Section 7 of the Act by the 2nd respondent. Ext.P7 is the notice prior to attachment issued under Section 34 of the Act. The petitioner has filed this writ petition challenging Exts.P6 and P7. The petitioner has also sought for a direction to the Bank to extend the benefit of One Time Settlement Scheme to her. 2. When the writ petition came up for consideration on 18.02.2025, Sri.P.C Sasidharan, the learned Standing Counsel for the 3rd respondent Bank submitted that the Bank is willing to provide instalment facility to the petitioner to settle the loan 2025:KER:26183 WP(C) No.1821 of 2025 3 account provided she shall not prosecute the proceedings before the Debts Recovery Tribunal. 3. The learned counsel for the petitioner submits that if the petitioner is granted instalment facility, she undertakes not to prosecute the proceedings before the DRT. 4. Sri.P.C Sasidharan, the learned Standing Counsel for the 3rd respondent Bank submits that an amount of Rs.25,45,909/- is outstanding in the loan account of the petitioner as on 18.02.2025 and the petitioner can be permitted to pay the said amount in reasonable instalments. 5. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly instalments. 6. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.25,45,909/- in 20 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the 2025:KER:26183 WP(C) No.1821 of 2025 4 instalments, it will be open to the Bank to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to Exts.P6 and P7 shall stand deferred. It will be open to the petitioner to approach the Bank for availing the benefit of One Time Settlement Scheme. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:26183 WP(C) No.1821 of 2025 5 APPENDIX OF WP(C) 1821/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LOAN APPLICATION DATED 10/09/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BANK Exhibit P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER 01/2/2019 Exhibit P2(A) TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER 26/07/2022 Exhibit P3 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER’S LOAN ACCOUNT ISSUED BY THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., THEVALAKKARA BRANCH DATED 08/03/2022 Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED NIL ISSUED BY THE RESPONDENT BANK Exhibit P5 A TRUE COPY OF THE CASE PROCEEDINGS DOWNLOADED FROM THE WEBSITE OF THE DEBT RECOVERY TRIBUNAL Exhibit P6 A TRUE COPY OF THE FORM 1 NOTICE DATED 05/12/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE FORM 10 NOTICE DATED 05/12/2024 ISSUED BY THE 2ND RESPONDENT