2025:KER:27324 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. 11346 OF 2025 PETITIONER: VIJAYA KUMARY, AGED 62 YEARS, W/O. UNNIKRISHNAN PILLAI, RAJA VILASOM, SANKARAPURAM, KOTTUKAL P.O., KOLLAM, PIN – 691306. BY ADV M.R.SASITH RESPONDENTS: 1 THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD., ANCHAL, OFFICE AT MAIN BRANCH, ANCHAL, KOLLAM, PIN - 691306 2 THE KERALA STATE CO-OPERATIVE BANK LTD., MAIN BRANCH, REPRESENTED BY ITS BRANCH MANAGER, ANCHAL, KOLLAM, PIN – 691306. SRI. P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11346 OF 2025 2 2025:KER:27324 JUDGMENT The petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent Bank for recovery of the amounts due from the petitioner. 2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments. 3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of a consumption loan and the outstanding amount as on 21.03.2025 is Rs.17,97,747/- (Rupees seventeen lakhs ninety seven thousand seven hundred and forty seven only). It was 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 outstanding amount in limited instalments. 4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the WP(C) NO. 11346 OF 2025 3 2025:KER:27324 petitioner can be granted an opportunity to repay the outstanding amount on condition that Rs.2,00,000/- (Rupees two lakhs only) shall be paid on or before 15.04.2025 and the balance amount along with accrued interest, costs and charges shall be paid in 12 equal monthly instalments, the first of which shall be paid on or before 15.05.2025 and the subsequent instalments shall be paid on or before the 15th day of every succeeding months. 5. Accordingly, there will be a direction to the respondent Bank to accept repayment of the outstanding amount of Rs.17,97,747/- (Rupees seventeen lakhs ninety seven thousand seven hundred and forty seven only) along with accrued interest, costs and charges from the petitioner in the following manner:- (i)The petitioner shall pay a sum of Rs.2,00,000/- (Rupees two lakhs only) on or before 15.04.2025. The balance outstanding amount along with any accrued interest, costs and charges shall be paid in 12 equal monthly instalments; (ii)The first instalment shall be paid on or before 15.05.2025 and the subsequent instalments shall be paid on or before the 15th day of every succeeding months; (iii)In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law; WP(C) NO. 11346 OF 2025 4 2025:KER:27324 (iv) 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 DK WP(C) NO. 11346 OF 2025 5 2025:KER:27324 APPENDIX OF WP(C) 11346/2025 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE ORDER DATED 19.12.2024 Exhibit P2 THE TRUE COPY OF NOTICE DATED 09.01.2025 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P3 THE TRUE COPY OF NOTICE DATED 07.03.2025 ISSUED BY THE ADVOCATE COMMISSIONER