2025:KER:29370 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8816 OF 2025 PETITIONER: JOHNSON, AGED 43 YEARS, S/O. JOHN, KAKKATTU VADAKKATHIL HOUSE, NADUVILE MURI KARA, SOORANAD NORTH VILLAGE, ANAYADI P.O., KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN – 690 561. BY ADVS. ANTONY SHYJU H.NUJUMUDEEN RESPONDENTS: 1 THE AUTHORIZED OFFICER, KERALA BANK, REGIONAL OFFICE, PB NO.5122, EAST FORT, FORT P.O., THIRUVANANTHAPURAM, PIN – 695 023. 2 THE AREA MANAGER, KERALA BANK, SOORANA BRANCH, MANGALATHU, MOUNT SINAI BUILDING, CHAKUVALLY JUNCTION, P.O. SASTHAMKOTTA, KOLLAM DISTRICT, PIN – 690 522. BY ADV. P.C.SASIDHARAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29370 WP(C) 8816/2025 2 JUDGMENT Petitioner availed a consumption 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 outstanding amount in installments. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount, as on 05-03-2025, is Rs.3,14,638/-. 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 outstanding amount in limited installments. 2025:KER:29370 WP(C) 8816/2025 3 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 in 10 installments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.3,14,638/- along with any accrued interest, cost and bank charges from the petitioner in the following manner: (i) The petitioner shall pay the outstanding amount of Rs.3,14,638/- together with any accrued interest, cost and bank charges in 10 equated monthly installments; (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; (iii) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law; 2025:KER:29370 WP(C) 8816/2025 4 (iv) 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:29370 WP(C) 8816/2025 5 APPENDIX OF WP(C) 8816/2025 PETITIONER’S EXHIBITS Exhibit P1 THE NOTICE DATED 10.01.2025 ISSUED BY THE 2ND RESPONDENT BANK Exhibit P2 THE ATTACHMENT SCHEDULE DATED 06.09.2024 ISSUED BY THE 2ND RESPONDENT