2025:KER:26203 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. 9741 OF 2025 PETITIONER: MUMTHAZ PUTHEN PURAYIL, AGED 57 YEARS, W/O. HAMSA K K, HAMRAZ, KAPPARA, MANGATTIDAM P O, KOOTHUPARAMBA KANNUR DISTRICT., PIN – 670 643. BY ADVS. JASNEED JAMAL P.SAMSUDIN LIRA A.B. DEVIKA E.D. ABIN RASHID RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LTD, (KERALA BANK)REPRESENTED BY ITS AUTHORIZED OFFICER,KANNUR REGIONAL OFFICE, PB NO.35 KANNUR DISTRICT., PIN – 670 001. 2 THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD, (KERALA BANK) KANNUR REGIONAL OFFICE, PB NO.35, KANNUR DISTRICT, PIN – 670 001. 3 THE BRANCH MANAGER, EVENING BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD, (KERALA BANK) KOOTHUPARAMBA BRANCH, KOOTHUPARAMBA, KANNUR DISTRICT., PIN – 670 643. BY ADV M.SASINDRAN (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26203 WP(C) 9741/2025 2 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This is the second round of litigation at the instance of the petitioner. 2. The learned counsel appearing for the respondent bank submits that the outstanding amount, as on 13-03-2025, is Rs.50,46,326/-. 3. The learned counsel appearing for the petitioner submits that if the petitioner is given time till 30-04-2025, the petitioner will clear the entire outstanding amount. 4. The learned counsel appearing for the respondent bank submits that if the petitioner is willing to clear the entire outstanding amount by 30-04-2025, the bank has no objection in keeping the proceedings in abeyance. 5. Having regard to the submissions made as above, this writ petition is disposed of on consent, directing that 2025:KER:26203 WP(C) 9741/2025 3 the petitioner shall be given time till 30-04-2025 to pay off the entire outstanding amount of Rs.50,46,326/- (as on13-03-2025) together with any accrued interest, cost and charges up to the date of payment. The proceedings initiated against the petitioner under the provisions of the SARFAESI Act shall be kept in abeyance till 30-04-2025, to enable the petitioner to clear the liability as aforesaid. It will always be open to the petitioner to approach the bank for any One Time Settlement. If the petitioner fails to remit the amount as demanded by the bank by 30-04-2025, it will be open to the respondent bank to continue with the proceedings initiated against the petitioner. Writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ats 2025:KER:26203 WP(C) 9741/2025 4 APPENDIX OF WP(C) 9741/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 09/03/2022 IN WP(C) NO. 7836/2022. Exhibit P2 TRUE COPY OF THE AUCTION SALE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 05/02/2025. Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR DATED 13/01/2025. Exhibit P4 TRUE OF THE NO DUE CERTIFICATE ISSUED BY THE LAKESHORE HOSPITAL DATED 12/04/2021.