2025:KER:28587 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 7740 OF 2025 PETITIONER: BUSHARA.K.V AGED 44 YEARS, W/O.ABDUL AZEEZ, FATHIMA MANZIL, KAPPUMKADAVU, VILAKKODE.P.O, KANNUR DISTRICT, PIN – 670 703. BY ADVS. CIBI THOMAS SWARNA THOMAS ANUSREE K. RESPONDENT: THE KERALA STATE CO- OPERATIVE BANK LTD HEAD OFFICE AT THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE KANNUR, PIN – 670 001. BY ADV M.SASINDRAN (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28587 WP(C) 7740/2025 2 JUDGMENT Petitioner availed a housing 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 account. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount, as on 03-04-2025, is Rs.2,97,096/-. 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 2025:KER:28587 WP(C) 7740/2025 3 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 12 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.2,97,096/- 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.2,97,096/- in 12 equated monthly installments along with any accrued interest, costs and charges; (ii) The first installment shall be paid on or before 30-04-2025. The subsequent installments shall be paid on or before the last working day of the succeeding months; 2025:KER:28587 WP(C) 7740/2025 4 (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:28587 WP(C) 7740/2025 5 APPENDIX OF WP(C) 7740/2025 PETITIONER’S EXHIBITS Exhibit P1. TRUE COPY OF THE NOTICE DATED 10.02.2025 ISSUED UNDER SECTION 13 (4) OF THE ACT