2025:KER:28787 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. 8656 OF 2025 PETITIONER: SEENATH.M., AGED 46 YEARS, W/O. MOHAMMED ALI, MAILAPPURAM, KERALA ESTATE, KERALA ESTATE P.O. MALAPPURAM, PIN – 676525. BY ADVS. V.V.SURENDRAN P.A.HARISH DONA PAUL SHILPA K. RESPONDENTS: 1 KERALA GRAMIN BANK, KARUVARAKUNDU BRANCH, MALAPPURAM, REP. BY ITS SENIOR MANAGER, PIN – 676523. 2 THE AUTHORISED OFFICER, KERALA GRAMIN BANK, REGIONAL OFFICE, PALAKKAD, PIN – 678004. BY ADV RASSAL JANARDHANAN A, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8656 OF 2025 2 2025:KER:28787 JUDGMENT The petitioner availed credit facilities from the respondent Bank including a KCC loan and another loan for agricultural purposes. On default being committed, proceedings have been initiated against the petitioner under the provisions of the SARFAESI Act prompting the petitioner to approach this Court by filing the above writ petition. 2. During the course of hearing, petitioner seeks permission to pay off the liability in some instalments. 3. The learned counsel for the respondent Bank submits that petitioner will have to pay the outstanding amount of Rs.2,00,111/- as on today (03.04.2025) in the KCC loan as the term of the loan has already been expired and he will also have to pay a sum of Rs.4,24,946/- as on today (03.04.2025) towards the overdue amount in the agricultural loan. It is submitted that the Bank has no objection in granting some limited instalments to the petitioner to clear the liability as aforesaid. 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 total overdue WP(C) NO. 8656 OF 2025 3 2025:KER:28787 amount of Rs.4,24,946/- in respect of the agricultural loan in 10 instalments and if the amount so directed is repaid within the time as directed above, to have the loan account regularised and petitioner can also be granted an opportunity to repay the outstanding amount of Rs.2,00,111/- in respect of the KCC loan in 10 equal monthly instalments. Accordingly, there will be a direction to the respondent Bank to accept repayment of the overdue amount of Rs.4,24,946/- in respect of the agricultural loan along with any accrued interest, costs and charges from the petitioner and regularise the same and to accept repayment of the outstanding amount of Rs.2,00,111/- in respect of the KCC loan along with any accrued interest, costs and charges from the petitioner in the following manner:- 1. The petitioner shall pay the overdue amount in respect of the agricultural loan of Rs.4,24,946/- (Rupees four lakhs twenty four thousand nine hundred and forty six only) along with any accrued interest, costs and charges in 10 equated monthly instalments. 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. The petitioner shall continue to pay the regular EMI’s / instalments along with the instalments directed above; WP(C) NO. 8656 OF 2025 4 2025:KER:28787 2. The petitioner shall also pay the outstanding amount in respect of the KCC loan of Rs.2,00,111/- (Rupees two lakhs one hundred and eleven only) along with any accrued interest, costs and charges in 10 equal monthly instalments. The first instalment shall be paid on or before 15.05.2025 and the subsequent instalments shall be paid on or before the 15th day of every succeeding months; 3. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law; 4. 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. 8656 OF 2025 5 2025:KER:28787 APPENDIX OF WP(C) 8656/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 08.08.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED 05.02.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 16.05.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED 08.08.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE DATED 09.09.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE DEMAND NOTICE DATED 09.09.2024 ISSUED TO THE PETITIONER BY THE RESPONDENT Exhibit P7 A TRUE COPY OF THE DEMAND NOTICE DATED 18.09.2024 ISSUED TO THE PETITIONER BY THE RESPONDENT Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE DATED 18.09.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF THE DEMAND NOTICE DATED 30.12.2024 ISSUED TO THE PETITIONER BY THE RESPONDENT Exhibit P10 A TRUE COPY OF THE PHOTOGRAPH OF THE BANNER Exhibit P11 A TRUE COPY OF THE COVERING LETTER DATED 30.01.2025 WP(C) NO. 8656 OF 2025 6 2025:KER:28787 Exhibit P12 A TRUE COPY OF THE AUCTION SALE NOTICE DATED 30.01.2025 ISSUED BY THE 2ND RESPONDENT