2025:KER:26927 W.P (C) No.11152/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11152 OF 2025 PETITIONER/S: RAMESHAN A.K, AGED 51 YEARS S/O.KUNHIRAMAN, ANAKUZHIYULLATHIL, NETHAJI ROAD. CHERUPARAMBA P.O, KANNUR DT, PIN - 670693 BY ADVS. ANILKUMAR V. (VAZHARAMBIL) KIRAN JOHNY RAVEENDRAN P.V. RESPONDENT/S: 1 KERALA GRAMIN BANK, KALLIKANDY BRANCH, KALLIKANDY THRIPPANGOTTUR, KANNUR,REPRESENTED BY ITS MANAGER, PIN - 670693 2 THE AUTHORIZED OFFICER, KERALA GRAMIN BANK,REGIONAL OFFICE, KANNUR, PIN - 670002 3 DISTRICT COLLECTOR, DISTRICT COLLECTOR,CIVIL STATION.P.O, KANNUR, PIN - 670002 OTHER PRESENT: SRI. RAJESH NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26927 W.P (C) No.11152/2025 -2- J U D G M E N T Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due in respect of three loans availed by the petitioner (Two Housing loans and one Kissan Cash Credit loan) from the respondent bank. 2. During the course of hearing, the petitioner has confined the relief to an opportunity for repaying the amounts due in instalments. 3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment of the above loans. It is submitted that the total overdue amount in respect of two Housing loans is Rs.3,94,739/-. It is submitted that the outstanding amount in respect of the Kissan Cash Credit loan is Rs.59,430/-. 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 amounts in respect of two Housing loans and the outstanding amount in respect of Kissan Cash Credit loan in limited instalments and regularise the two Housing loans alone. 4. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded 2025:KER:26927 W.P (C) No.11152/2025 -3- above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount along with interest, bank charges and costs in respect of Kissan Cash Credit loan in lump sum and the total overdue amount along with interest, bank charges and costs in respect of two Housing loans in twelve (12) instalments. 5. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the outstanding amount of Rs.59,430/- in respect of Kissan Cash Credit loan along with interest upto date of payment, bank charges and costs in lump sum on or before 15-04-2025 and the overdue amount of Rs.3,94,739/- in respect of two Housing loans along with interest, bank charges and costs from the petitioner and regularise two Housing loan accounts of the petitioner in the following manner: (i) The outstanding amount of Rs.59,430/- in respect of Kissan Cash Credit loan along with interest upto date of payment, bank charges and costs shall be repaid in lump sum on or before 15-04-2025; (ii) The total overdue amount of Rs.3,94,739/- in respect of Two Housing loans together with any accrued interest, bank charges and costs shall be repaid in twelve (12) equated monthly instalments; (iii) The first instalment in respect of two Housing loans shall be paid on or 2025:KER:26927 W.P (C) No.11152/2025 -4- before 15-05-2025 and the subsequent instalments shall be paid on or before 15th working day of each succeeding month; (iv) Petitioner shall continue to pay the regular EMIs / instalments in respect of two Housing loans 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 the 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 AMG 2025:KER:26927 W.P (C) No.11152/2025 -5- APPENDIX OF WP(C) 11152/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENSE DATED 01.04.2020 ISSUED BY THE KUNNOTH PARAMBA GRAMAPANCHAYATH Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 02.12.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE LETTER DATED 28.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER