WP(C) NO. 10234 OF 2025 1 2025:KER:25548 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 10234 OF 2025 PETITIONERS: 1 ARUN C.M., AGED 49 YEARS S/O. MALU C.M., CHETTIYARU PARAMBIL (H), NEAR CHERUVYPE JN., KUZHUPPILLY, AYYAMPILLY, KOCHI, ERNAKULAM, PIN - 682501 2 AMBILY ARUN, AGED 42 YEARS W/O. ARUN C.M., CHETTIYARU PARAMBIL (H), NEAR CHERUVYPE JUNCTION, KUZHUPPILLY, AYYAMPILLY, KOCHI, ERNAKULAM, PIN - 682501 3 VEDANTHA CONSTRUCTIONS, REP. BY PROPRIETOR ARUN C.M., CHETTIYARU PARAMBIL (H), NEAR CHERUVYPE JUNCTION, KUZHUPPILLY, AYYAMPILLY, KOCHI, ERNAKULAM, PIN - 682501 BY ADVS. AMBADI MURALI NEERAJ T.N. NIDHIN K.N. GOPIKRISHNAN R. AKHIL P.C. JACOB PAUL RESPONDENT: THE DCB BANK, REP. BY ITS AUTHORISED OFFICER, KOCHI BRANCH, NO. 67/6249 A, ST. FRANCIS ASSISI HALL, BROADWAY, KOCHI, KERALA, PIN - 682031 BY ADVS. WP(C) NO. 10234 OF 2025 2 2025:KER:25548 B.S.SURESH KUMAR ASHLEY JOHN(K/000719/2015) RANJANA V.(K/001646/2000) ANUSREE C.S.(K/1438/2021) JAISON MATHEW(K/002873/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10234 OF 2025 3 2025:KER:25548 JUDGMENT The petitioners have availed two business loans from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the SARFAESI Act and the property of the petitioners was brought to sale. However no sale took place on 28.02.2025. 2. The learned counsel appearing for the petitioners submit that the petitioners may be permitted to clear the liability in some installments. 3. Learned counsel for the respondent bank submits that out of the two loans, the tenure of one loan has expired and the entire outstanding amount of Rs.3,13,746/- (as on 24.03.2025) has to be remitted. It is submitted that the other loan can be regularized on the petitioner paying overdue amount of Rs.10,52,901/- (as on 24.03.2025). 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 aforesaid amounts in limited instalments. 3. Having heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent bank and having regard to the circumstances of the case and the submissions made WP(C) NO. 10234 OF 2025 4 2025:KER:25548 as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in two (2) instalments and the overdue amount in twelve (12) installments. 4. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.3,13,746/- along with accrued interests, costs and charges in respect of the loan where the term is expired and the overdue amount of Rs.10,52,901/- in respect of the other loan, along with bank charges, cost and interest from the petitioner and regularise the loan account (in respect of the loan account where the term is not expired) of the petitioners in the following manner: (i) The outstanding amount of Rs.3,13,746/- together with any accrued interest, costs and charges (in respect of the loan where the term is expired) shall be repaid in two (2) equated monthly instalments. The first instalment the outstanding amount shall be paid on or before 15.04.2025 and the 2nd installment shall be paid on or before 05.05.2025; (ii) The overdue amount of Rs.10,52,901/- together with any accrued interest, cost and charges (in respect of the loan account where the term is not expired) shall also be repaid in twelve (12) equated monthly instalments. The first installment shall be paid on or before 04.04.2025 and the subsequent installments shall be paid on or before the 5th day of succeeding months. (iii) Petitioners shall continue to pay the regular WP(C) NO. 10234 OF 2025 5 2025:KER:25548 EMIs/instalments in respect of loan account where the term of the loan is not expired along with the instalments as directed above. (v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law. (vi) 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 Nsd WP(C) NO. 10234 OF 2025 6 2025:KER:25548 APPENDIX OF WP(C) 10234/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK ON 07.01.2025 Exhibit P2 TRUE COPY OF THE E-AUCTION SALE NOTICE ISSUED BY THE RESPONDENT BANK, DATED NIL