2025:KER:25337 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 6678 OF 2025 ORDER DATED 10.01.2025 IN MC NO.1219/2024 OF CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM / SPECIAL COURT FOR TRIAL OF CYBER CRIME PETITIONER: SINI S. KRISHNAN, AGED 30 YEARS, D/O. KRISHNANKUTTY RESIDING AT PANAYIL VEEDU, DHARSHAN LANE 66A, VAZHAYILA, KARAKULAM, THIRUVANANTHAPURAM, PIN – 695564. BY ADVS. T.I.UNNIRAJA S.G.SREEKANTH S.BADUSHA FAHEEM AHSAN.S VAIDERSH H.S. R.S.VISRUTH RESPONDENTS: 1 UNION OF INDIA, UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP BUILDINNG, SANSAD MARG, NEW DELHI, PIN – 110001. WP(C) NO. 6678 OF 2025 2 2025:KER:25337 2 SUNDARAM BNP PARIBAS HOME FINANCE, REPRESENTED BY ITS BRANCH MANAGER, 1ST FLOOR, NEAR SUNNY DIAMONDS, PATTOM PALACE POST, THIRUVANANTHAPURAM, PIN – 695004. 3 THE AUTHORISED OFFICER, SUNDARAM BNP PARIBAS HOME FINANCE, 1ST FLOOR, NEAR SUNNY DIAMONDS, PATTOM PALACE POST, THIRUVANANTHAPURAM, PIN – 695004. BY ADV S.AMBILY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6678 OF 2025 3 2025:KER:25337 JUDGMENT This is the 2nd round of litigation at the instance of the petitioner challenging the proceedings initiated under the SARFAESI Act to recover amounts due under a Housing Loan availed by the petitioner from the respondent financial institution. 2. The learned counsel appearing for the respondent financial institution submits that the filing of an earlier writ petition and the disposal of that writ petition in the year 2022 has not been even disclosed in the present writ petition. It is submitted that the total overdue amount as on 24.03.2025 is Rs.6,94,631/-. It is also submitted that the petitioner has not complied with the condition imposed by this Court in the interim order dated 18.02.2025. It is submitted that if the petitioner clears the entire overdue amount by 15.04.2025, the respondent financial institution is willing to regularize the loan account of the petitioner. 3. The learned counsel appearing for the petitioner submits that the petitioner may be given some instalments to clear the overdue amount. He submits that out of the amount of Rs.2,50,000/- directed to be paid by this Court as a condition of the interim order, the petitioner has by now remitted WP(C) NO. 6678 OF 2025 4 2025:KER:25337 a sum of Rs.1.90 lakhs. It is submitted that the filing of the earlier writ petition was not disclosed only on account of the fact that the directions contained in the judgment in that case had been fully complied with by the petitioner and the present proceedings are only on account of further default committed by the petitioner. 4. The learned counsel appearing for the respondent financial institution would submit that the directions contained in the earlier judgment in W.P(C)No.12750 of 2022 were not fully complied with by the petitioner. 5. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent financial institution and having regard to the submissions made as above and purely as a matter of indulgence, I direct that if the petitioner were to remit a further amount of Rs.3.5 lakhs towards the loan liability on or before 28.03.2025, the petitioner shall be permitted to pay the balance overdue amount in eight monthly instalments, the first of which shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the last working day of every succeeding months and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan accounts regularised. 5. Accordingly, there will be a direction to the WP(C) NO. 6678 OF 2025 5 2025:KER:25337 respondent Bank to accept repayment of the entire overdue amount of Rs.6,94,631/- (Rupees six lakhs ninety four thousand six hundred and thirty one only) along with any accrued interest, costs and charges from the petitioner and regularise the loan accounts of the petitioner in the following manner:- i. The petitioner shall pay a sum of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) on or before 28.03.2025. The balance overdue amount along with any accrued interest, costs and charges shall be repaid in eight equal 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 every succeeding month; iii.Petitioner shall continue to pay the regular EMI’s / instalments along with the instalments directed above; iv. In the event of default of any one instalment, 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 DK WP(C) NO. 6678 OF 2025 6 2025:KER:25337 APPENDIX OF WP(C) 6678/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 04.07.2024 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE LOAN AGREEMENT DATED 19.05.2017 Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 04.05.2017 TO 05.02.2025 Exhibit P4 TRUE COPY OF THE ORDER DATED 10.01.2025 PASSED IN MC NO. 1219/2024 BY THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF THE NOTICE DATED 12.05.2023 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 13.02.2025 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT ANNEXURES Annexure R 3(a) TRUE COPY OF THE JUDGMENT IN WPC 12750/2022 DATED 06.04.2022 OF THIS HONORABLE COURT