2025:KER:26087 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 4848 OF 2025 PETITIONER: ASSAINKUTTY, AGED 70 YEARS, S/O. ALIKUTTY HAJI, PEEDIKATHODUKAYIL, KODUVALLY P.O., KOZHIKODE DISTRICT, PIN – 673 572. BY ADVS. V.VISAL AJAYAN FRANCIS THENAMPARAMBIL RESPONDENT: BANK OF INDIA, REPRESENTED BY IT’S AUTHORIZED OFFICER, BEYPORE BRANCH, KOTTATHARA BUILDING P.O., ARAKKINAR, KOZHIKODE, PIN – 673 028. BY ADV K.S.RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26087 WP(C) 4848/2025 2 JUDGMENT Petitioner availed two separate loans, namely a housing loan and a top up loan from the respondent bank. On default being committed proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), prompting the petitioner to approach this Court by filing the above writ petition. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in installments and to obtain regularization of the loan accounts. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the total overdue amount in respect of both the loans put together is Rs.6,10,000/- (as on February, 2025). It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the 2025:KER:26087 WP(C) 4848/2025 3 respondent bank is willing to accept repayment of the overdue amount in limited installments and regularize 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 petitioner can be granted an opportunity to repay the overdue amount in 10 installments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularized. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.6,10,000/- along any with accrued interest, costs and charges from the petitioner and regularize the loan account of the petitioner in the following manner: (i) The petitioner shall pay the overdue amount of Rs.6,10,000/- in 10 equated monthly installments along with any accrued interest, costs and charges; 2025:KER:26087 WP(C) 4848/2025 4 (ii) The first installment shall be paid on or before 15-04-2025. The subsequent installments shall be paid on or before the 15th day of the succeeding months; (iii) Petitioner shall continue to pay the regular EMI’s/installments along with the installments as directed above; (iv) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law; (v) 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 ats 2025:KER:26087 WP(C) 4848/2025 5 APPENDIX OF WP(C) 4848/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY NOTICE ISSUED NOTICE BY THE RESPONDENT TO THE PETITIONER U/S 13(4) OF THE SARFAESI ACT DATED 16.1.2025 Exhibit P2 A TRUE COPY OF THE PAPER PUBLICATION MADE BY THE RESPONDENT IN MANGALAM DAILY NEWSPAPER DATED 23.02.2025