2025:KER:28794 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. 9367 OF 2025 PETITIONER: AMALRAM R.K., AGED 33 YEARS, S/O. REGHU, A SHIVAKRIPA, SABARIMUTTOM, VENPAKAL (P.O.), THIRUVANANTHAPURAM, PIN – 695123. BY ADVS. R.SUNIL KUMAR A.SALINI LAL JINU P. BINU RESPONDENTS: 1 AUTHORISED OFFICER, UCO BANK, MAIN BRANCH, MAHATMA GANDHI RD., OVERBRIDGE, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM, KERALA, PIN – 695001. 2 UCO BANK, MAIN BRANCH, REPRESENTED BY ITS BRANCH MANAGER, MAHATMA GANDHI RD., OVERBRIDGE, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM, KERALA, PIN – 695001. SRI. DEEPAK JOY K., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9367 OF 2025 2 2025:KER:28794 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated under the provisions of the SARFAESI Act to recover amounts due from the petitioner under credit facilities availed by the petitioner from the respondent Bank. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account. 3. It is submitted on behalf of the respondent Bank that the petitioner committed default in repayment of a housing loan and the overdue amount is Rs.2,53,437/-(Rupees two lakhs fifty three thousand four hundred and thirty seven only). The learned counsel appearing for the respondent Bank submits that the property of the petitioner was scheduled to be sold on 10.03.2025. It is submitted that no sale took place for want of bidders. It is submitted that this is a case where the Bank has recalled the loan and a commercial suit has been filed for recovery of the amount due from the petitioner. It is submitted that if this Court is inclined to permit the petitioner to regularize the loan account by remitting the overdue amount, the petitioner may be required to pay (in addition) the entire costs for filing commercial suit. It is submitted that the petitioner is a WP(C) NO. 9367 OF 2025 3 2025:KER:28794 Government servant and is capable of repaying the loan liability. It was further submitted that though proceedings for recovery have been initiated, in the above circumstance, as a matter of indulgence, the respondent Bank is willing to accept repayment of the overdue amount in limited instalments and regularise 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 along with any accrued interest, costs and charges in six instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. Accordingly, there will be a direction to the respondent Bank to accept repayment of the entire overdue amount of Rs.2,53,437/-(Rupees two lakhs fifty three thousand four hundred and thirty seven only) along with any accrued interest, costs and charges from the petitioner and regularise the loan account of the petitioner in the following manner: i. The petitioner shall pay the overdue amount of Rs.2,53,437/- (Rupees two lakhs fifty three thousand four hundred and thirty seven only) along with any accrued interest, costs and charges in six equated 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 months; WP(C) NO. 9367 OF 2025 4 2025:KER:28794 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. vi. The petitioner shall also bear the entire costs incurred by the Bank for filing the commercial suit. The petitioner shall also execute any document (including but not limited to any acknowledgment of debt) as may be required by the bank, to regularize the loan account. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 9367 OF 2025 5 2025:KER:28794 APPENDIX OF WP(C) 9367/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 31/12/19 ISSUED BY THE MEDICAL BOARD OF THIRUVANANTHAPURAM MEDICAL COLLEGE Exhibit P-2 TRUE COPY OF THE E-AUCTION NOTICE DATED 30/1.2025 Exhibit P3 TRUE COPY OF THE PLAINT IN CS:NO: 87/24 PENDING BEFORE THE COMMERCIAL COURT, THIRUVANANTHAPURAM