2025:KER:28806 W.P (C) No.10554/2025 -1- 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. 10554 OF 2025 PETITIONER/S: 1 MOHAMMED FAISAL, AGED 50 YEARS S/O. SAIDALAVI C.P., CHOLAPARAMBATH HOUSE, ANMANGAD POST, MALAPPURAM DISTRICT, PIN - 679357 2 SAINUDEEN K.P., AGED 48 YEARS S/O. SAYED HAJI, KAVUPURA PUTHENPEEDYEKKAL HOUSE, ANAMANGAL P.O., PERINTHALMANNA, MALAPPURAM, PIN - 679357 BY ADVS. SURAJ.S SREEJITH S.NAIR RESPONDENT/S: 1 THE AUTHORIZED OFFICER, THE URBAN COOPERATIVE BANK LTD., NO.1758, PERINTHALMANNA, MALAPURAM DISTRICT, PIN - 679357 2 THE URBAN CO-OPERATIVE BANK LTD., NO. 1758, PERINTHALMANNA, MAIN BRANCH, REPRESENTED BY ITS AUTHORIZED OFFICER MALAPURAM DISTRICT, PIN - 679357 BY ADVS. JAYASREE K.P. JOHN JOSEPH(K/000875/2019) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28806 W.P (C) No.10554/2025 -2- J U D G M E N T The petitioners availed a Cash Credit facility from the respondent bank. On default being committed, proceedings have been initiated against the petitioners under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioners to approach this court by filing the above writ petition. 2. The learned counsel appearing for the petitioners would submit that the petitioners may be permitted to clear the entire liability in installments. 3. The learned counsel appearing for the respondent bank submits that after giving credit to the amount paid by the petitioners pursuant to the interim order dated 14-03-2025, the outstanding amount as on 03-04-2025 is Rs.91,85,685/-. It is submitted that there is no scope for any regularisation as the loan in question is a Cash Credit facility and the tenure of the loan is already over. It is submitted that the petitioners have approached the Debts Recovery Tribunal and having failed to obtain any interim order have straight away approached this court by filing the above writ petition. It is submitted that the bank has no objection in granting some installments to clear the outstanding liability provided the petitioners unconditionally withdraw securitization application filed as SA No.192/2025 now pending before the Debts Recovery Tribunal-I Ernakulam (In short 'the Tribunal'). 2025:KER:28806 W.P (C) No.10554/2025 -3- 4. The learned counsel for the petitioners would submit that the petitioners will unconditional withdraw SA No.192/2025 pending before the Tribunal within a period of two weeks. 5. Having heard the learned counsel for the petitioners and the learned Standing counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in installments. 6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.91,85,685/- along with interest, bank charges and costs from the petitioners in the following manner: (i) The petitioner shall pay the outstanding amount of Rs.91,85,685/- together with any accrued interest, bank charges and costs in twelve (12) equated monthly instalments; (ii) The first instalment shall be paid on or before 30-04-2025 and subsequent instalments shall be paid on or before last working day of each succeeding month; 2025:KER:28806 W.P (C) No.10554/2025 -4- (iii) The petitioner shall unconditionally withdraw SA. No.192/2025 pending before the Tribunal within a period two weeks from today (03-04-2025). (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 petitioners 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 AMG 2025:KER:28806 W.P (C) No.10554/2025 -5- APPENDIX OF WP(C) 10554/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 20.01.2023 ISSUED TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE DATED 25.02.2025 ISSUED TO THE APPLICANT BY THE ADVOCATE COMMISSIONER Exhibit P3 A COPY OF THE SA 192 OF 2025 FILED BY THE PETITIONERS BEFORE THE DRT