2025:KER:27578 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 10916 OF 2025 PETITIONER/S: JUDESON D'SOUZA, AGED 56 YEARS S/O. D’SOUZA, PULLUVELIL HOUSE, VARAPPUZHA P.O, THUNDATHUM KADAVU, VARAPUZHA P.O, ERNAKULAM, KERALA, PIN - 683517 BY ADVS. HARIKRISHNAN V.A KRISHNENDHU V.B RESPONDENT/S: 1 THE AUTHORIZED OFFICER, KERALA STATE COOPERATIVE BANK LTD., KOLENCHERY, MCP BUILDING, KOLENCHERY, ERNAKULAM, KERALA, PIN - 682311 2 THE SECRETARY, KERALA STATE COOPERATIVE BANK LTD., ERNAKULAM BRANCH, CHITTOOR ROAD, ERNAKULAM, KERALA, PIN - 682016 OTHER PRESENT: 2025:KER:27578 W.P.(C)No.10916 of 2025 2 SMT. K.AMMINIKUTTY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27578 W.P.(C)No.10916 of 2025 3 JUDGMENT The petitioner availed credit facilities from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioner to approach this court by filing the above writ petition. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount as on 28.02.205 is Rs.1,80,765/-. 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 overdue amount in limited instalments and regularise the loan account. 4. Having heard the learned counsel for the petitioner and the 2025:KER:27578 W.P.(C)No.10916 of 2025 4 learned Standing Counsel for the respondent Bank and having regard to the facts and circumstances of the case and the submissions made as recorded above and also taking into account the fact that the petitioner has undertaken to clear off the overdue amount along with regular EMIs, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount in eight (8) equal monthly instalments first of which shall be paid on or before 23.04.2025 and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.1,80,765/- along with interest, bank charges and costs from the petitioner and regularise the loan account of the petitioner in the following manner: (i) The petitioner shall pay the overdue amount of Rs.1,80,765/-. together with any accrued interest, bank charges and costs in eight equated monthly instalments; 2025:KER:27578 W.P.(C)No.10916 of 2025 5 (ii) The first instalment shall be paid on or before 23.04.2025 and the subsequent instalments shall be paid on or before last working day of each succeeding month; (iii) Petitioner shall continue to pay the regular EMI’s / instalments along with the instalments directed above; (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 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 Scl/ 2025:KER:27578 W.P.(C)No.10916 of 2025 6 APPENDIX OF WP(C) 10916/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 28.01.2025 ISSUED BY THE 1ST RESPONDENT.