2025:KER:26157 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 8831 OF 2025 PETITIONER: HANNA MIRIAM ABRAHAM AGED 35 YEARS, W/O. MOHAMMED SARIN, TC 4/104, CRESCENT, CHESHIRE HOME LANE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN – 695 003. BY ADV P.RAVEENDRAN PILLAI RESPONDENTS: 1 AUTHORIZED OFFICER FEDERAL BANK LTD., 4TH FLOOR, FEDERAL TOWERS, STATUE, THIRUVANANTHAPURAM, PIN – 695 001. 2 FEDERAL BANK LTD CHALA BRANCH, SALMA COMPLEX, KOTHUVAL STREET, CHALA THIRUVANANTHAPURAM, PIN – 695 036, REPRESENTED BY ITS BRANCH MANAGER. 3 BRANCH MANAGER FEDERAL BANK LTD., CHALA BRANCH, SALMA COMPLEX, KOTHUVAL STREET, CHALA THIRUVANANTHAPURAM, PIN – 695 036. BY ADVS. REJI GEORGE (SC) PARVATHY GIRISH(K/001911/2021) SAISANKAR.S(K/002188/2021) JOSEPH RAJU MATHEWS(K/002036/2024) ADWAID S. MAMPILLY(K/3443/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26157 WP(C) 8831/2025 2 JUDGMENT The petitioner availed credit facilities from the respondent bank. According to the petitioner, there has been no default in servicing the loan account, and yet a notice under sub-section (2) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) has been issued on the sole ground that renewal documents in respect of the loan have not been submitted by the petitioner and others. 2. The learned counsel appearing for the respondent bank submits that apart from being the principal borrower, the petitioner is also a legal heir of one of the guarantors, who expired. It is submitted that there are some disputes between the legal heirs of the deceased guarantor, and therefore the petitioner has not been able to submit documents for renewal of the loan facility. It is submitted that in such circumstances, the bank is entitled to proceed for recovery of the entire amount due on the loan, as presently there are no documents justifying any renewal of the facility. However, it is submitted that if the petitioner wishes to clear off the entire liability in some 2025:KER:26157 WP(C) 8831/2025 3 instalments, the same can be permitted subject to a substantial amount being paid immediately. It is submitted that the outstanding amount, as on 25-03-2025, is Rs.51,41,100/-. 3. The learned counsel appearing for the petitioner submits that the petitioner is ready to pay a substantial amount immediately and clear the balance liability in 10 instalments. 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 outstanding amount on a condition that he will pay a sum of Rs.15,00,000/-on or before 15-04-2025 and balance outstanding amount along with any accrued interest, cost and charges in 10 installments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.51,41,100/- along with any accrued interest, cost and bank charges from the petitioner in the following manner: (i) The petitioner shall pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakh only) on or before 15-04-2025. The balance outstanding amount shall be repaid in 10 equated monthly installments, along with any accrued interest, cost and 2025:KER:26157 WP(C) 8831/2025 4 charges. The first installment shall be paid on or before 15-05-2025; (ii) The subsequent installments shall be paid on or before the 15th day of every succeeding months; (iii) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law; (iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance; (v) It will also be open to the petitioner to approach the bank for takeover of the loan by any other financial institution. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ats 2025:KER:26157 WP(C) 8831/2025 5 APPENDIX OF WP(C) 8831/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER GOODS AND SALES TAX EXHIBIT P2 THE COPY OF THE ACCOUNT STATEMENTS ISSUED BY THE RESPONDENT BANK FOR THE PERIOD FROM 01/03/2024 TO 28/02/2025 IN THE CASH CREDIT LOAN ACCOUNT EXHIBIT P3 THE COPY OF THE ACCOUNT STATEMENTS ISSUED BY THE RESPONDENT BANK FOR THE PERIOD FROM 01/03/2024 TO 28/02/2025 IN THE WORKING CAPITAL TERM LOAN ACCOUNT EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE SENIOR PUBIC HEALTH INSPECTOR GRADE-I OF THE THIRUVANANTHAPURAM MUNICIPAL CORPORATION DATED 13/11/2023 EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED 08/01/2025 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT EXHIBIT P6 TRUE COPY OF THE REPLY LETTER DATED 24/02/2025 ISSUED BY THE PETITIONER TO THE RESPONDENT BANK