2025:KER:26293 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. 9911 OF 2025 PETITIONER: K.V. SHIRAZ, AGED 53 YEARS, S/O. K. HAMZOO, R/O. NOORJAHAN, SHENOY ROAD, KALOOR, ERNAKULAM, PIN – 682 017. BY ADVS. DENU JOSEPH MUHISEENA.V.Z RESPONDENTS: 1 THE JAMMU & KASHMIR BANK LIMITED & ANOTHER, 66/4331, 'JYOTHIS' FIRST FLOOR, M.G. ROAD, NEAR METRO PILLAR NO. 667, KOCHI, ERNAKULAM, REPRESENTED BY ITS MANAGER, PIN – 682 035. 2 THE AUTHORIZED OFFICER, THE JAMMU & KASHMIR BANK LIMITED, 66/4331, 'JYOTHIS' FIRST FLOOR, M.G. ROAD, NEAR METRO PILLAR NO. 667, KOCHI, ERNAKULAM, PIN – 682 035. BY ADVS. MUMTAZ SHUMSUDDIN (SC) ALISHA ASLAM(K/1274/2022) AMINA RUBY FAIZAL(K/2130/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26293 WP(C) 9911/2025 2 JUDGMENT This writ petition has been filed seeking the following reliefs: a) “To issue a writ in the nature of certiorari calling call for the records based on which Exhibit P1 notice has been issued by the 2nd Respondent and to quash Exhibit P1 notice. b) To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the Respondent Bank not to proceed further with coercive steps including through Exhibit P7 notice. c) To issue a writ in the nature of mandamus or any other appropriate writ order or directing the Respondent Bank to consider Exhibit P5 OTS proposal constructively after affording an opportunity to the Petitioner to be represented. d) To issue a writ in the nature of mandamus or any other appropriate writ order or directing the Respondent Bank to permit the Petitioner to pay the loan amount due by remitting it in 20 equal monthly instalments subject to the right to dispute the quantum of the amount claimed through Exhibit P1. 2025:KER:26293 WP(C) 9911/2025 3 e) Grant such other relief’s that may be deemed fit and proper by this Hon’ble Court in the facts and circumstances of the case.” 2. The learned counsel appearing for the respondent bank submits that the total outstanding amount, as on 15-03-2025, is Rs.3,00,73,237/-. It is submitted that the bank is not willing to grant any instalments to clear the liability. 3. Faced with this situation, the learned counsel appearing for the petitioner submits that the petitioner may be permitted to avail statutory remedies, and the proceedings may be kept in abeyance for a short while to avail statutory remedies. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances of the case, this writ petition will stand disposed of, directing that the proceedings initiated against the petitioner shall be deferred till 05-04-2025 to enable the petitioner to avail statutory remedy. I make it 2025:KER:26293 WP(C) 9911/2025 4 clear that I have not expressed any opinion on the merits of the matter and it will be open to the Debts Recovery Tribunal to pass orders on any application, interim or final, in accordance with the law. Sd/- GOPINATH P. JUDGE ats 2025:KER:26293 WP(C) 9911/2025 5 APPENDIX OF WP(C) 9911/2025 PETITIONER’S EXHIBITS Exhibit.P1 THE COPY OF NOTICE DATED 06.05.2024 UNDER SECTION 13(2) OF THE SARFAESI ACT BY THE 2ND RESPONDENT Exhibit.P2 THE COPY OF THE REPRESENTATION DATED 05.07.2024 FOR SEEKING TO CLOSE THE LOAN ACCOUNT IN 30 EQUAL INSTALLMENTS CONSIDERING THE PECULIAR SITUATION OF THE PETITIONER, Exhibit.P3 THE REPLY LETTER DATED 19.08.2024 ISSUED BY THE RESPONDENT BANK Exhibit.P4 THE COPY OF THE JUDGMENT DATED 06.09.2024 IN THE ABOVE WRIT PETITION (C) NO.28173/2024 BEFORE THE HON’BLE HIGH COURT Exhibit.P5 THE COPY OF THE REPRESENTATION DATED 12.09.2024 SUBMITTED TO THE RESPONDENT BANK Exhibit.P6 THE REPLY LETTER DATED 05.10.2024 ISSUED BY THE RESPONDENT BANK Exhibit.P7 THE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 26.02.2025