W.P.(C.) No. 9899 of 2025 1 2025:KER:27887 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 9899 OF 2025 PETITIONERS: NAZEELA BEEGAM SAVAD BIN KAMALUDIN, AGED 55 YEARS W/O SAVAD BIN KAMALUDIN, VALIYA VEEDU VETTOOR P.O, VARKALA VETTOOR-CHERUNNIYOOR, THIRUVANANTHAPURAM, KERALA., PIN - 695312 BY ADVS. KRISHNENDHU V.B HARIKRISHNAN V.A RESPONDENTS: 1 THE AUTHORISED OFFICER , CANARA BANK, REGIONAL OFFICE NORTH II FLOOR, CARMEL TOWERS, OPP. COTTON HILL SCHOOL, VZHUTHACAUD, THIRUVANATHAPURAM, KERALA., PIN - 695014 2 THE BRANCH MANAGER, CANARA BANK, VARKALA BRANCH, ZEENA COMPLEX, MAIDANAM TEMPLE ROAD, THIRUVANANTHAPURAM, KERALA., PIN - 695141 SRI. M.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) No. 9899 of 2025 2 2025:KER:27887 GOPINATH P., J. --------------------------------- W.P.(C.) No. 9899 of 2025 ------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The petitioner availed a Kissan Cash Credit Loan (KCC) and housing loan from the respondent Bank. On default being committed proceedings have been initiated against the petitioner under the provisions of the SARFAESI Act to recover the amounts due to the respondent Bank. 2. The learned counsel appearing for the petitioner submits that the petitioner may be permitted to clear the liability in some installments. 3. The learned counsel appearing for the respondent Bank submits that the KCC loan cannot be regularized and the outstanding amount of Rs.26,498/- as on today has to be remitted in full by the petitioner. It is submitted that if the entire amount due under the KCC loan is remitted by the W.P.(C.) No. 9899 of 2025 3 2025:KER:27887 petitioner, the housing loan account of the petitioner can be regularized by paying the overdue amount of Rs.2,17,697/- as on today. 4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Bank, this writ petition shall disposed of in the following manner: (i) The petitioner shall clear the outstanding amount of Rs.26,498/- in respect of the KCC loan together with any accrued interest, charges and costs within a period of one month from the date of receipt of a certified copy of this judgment; (ii) If the petitioner pays off the entire liability of the KCC loan as above, the housing loan account of the petitioner shall be regularized. The petitioner shall pay the overdue amount of Rs.2,17,697/- together with any accrued interest, charges and costs in ten equal monthly W.P.(C.) No. 9899 of 2025 4 2025:KER:27887 installments commencing from 15.04.2025. The subsequent installment shall be paid on or before 15th day of every succeeding month; (iii) The petitioner shall also pay the regular EMI’s/installments on the housing loan on the due dates without fail; (iv) The petitioner commits any default in compliance with the terms of this judgment it will be open to the respondent Bank to continue the proceedings initiated against the petitioner. Writ petition disposed of as above. Sd/- GOPINATH P., JUDGE sjb/27.03.25 W.P.(C.) No. 9899 of 2025 5 2025:KER:27887 APPENDIX OF WP(C) 9899/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED 24.02.2025