2025:KER:27335 W.P (C) No.11586/2025 -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. 11586 OF 2025 PETITIONER/S: RANI P, AGED 45 YEARS W/O PRAKASHAN,NHANDADI PARAMBIL HOUSE, KANNOTH P.O, KANNAVAM, KANNUR, PIN - 670650 BY ADV SATHEESHAN ALAKKADAN RESPONDENT/S: 1 THE KERALA GARMIN BANK, REPRESENTED BY ITS BRANCH MANAGER, KANNAVAM BRANCH, KANNUR, PIN - 670650 2 THE AUTHORIZED OFFICER, THE KERALA GRAMIN BANK, KANNAVAM BRANCH, KANNUR, PIN - 670650 ADV. 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:27335 W.P (C) No.11586/2025 -2- J U D G M E N T The petitioner husband availed a Housing loan 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 (hereinafter referred to as the SARFAESI Act) prompting the petitioner to approach this court by filing the above writ petition. 2. The learned counsel appearing for the petitioner would submit that the whereabouts of the husband of the petitioner are not known for the past 5 years. It is submitted that the petitioner is presently residing in the premises in question which belongs to the husband of the petitioner. It is submitted that if the respondent bank continues with the proceedings under the SARFESI Act, the petitioner will be put to grave prejudice and hardships. It is submitted that the petitioner may be permitted to service the loans by paying the overdue amount in some instalments. 3. The learned counsel appearing for the respondent bank submits that purely as a matter of indulgence the bank is willing to permit the petitioner to pay the overdue amount in some instalments and regularise the loan account. It is submitted that the overdue amount as on 28-03-2025 is Rs.2,50,115/-. 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 2025:KER:27335 W.P (C) No.11586/2025 -3- 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/ instalments, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount in twelve (12) equal monthly instalments first of which shall be paid on or before 30-04-2025 and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.2,50,115/- along with interest, bank charges and costs from the petitioner and regularise the loan account of the petitioner in the following manner: (i) The overdue amount of Rs.2,50,115/- together with any accrued interest, bank charges and costs shall be repaid in twelve (12) equated monthly instalments; (ii) The first instalment shall be paid on or before 30-04-2025 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; 2025:KER:27335 W.P (C) No.11586/2025 -4- (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 AMG 2025:KER:27335 W.P (C) No.11586/2025 -5- APPENDIX OF WP(C) 11586/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT , IN THE ACCOUNT NUMBER 71515377000816, IN THE NAME OF THE HUSBAND OF THE PETITIONER FROM THE PERIOD OF 06-10-2016 TO 21-03-2024 Exhibit P2 TRUE COPY OF THE LETTER DATED 10-12-2024 ISSUED BY THE DISTRICT COLLECTOR TO THE LEAD BANK MANAGER KANNUR Exhibit P3 TRUE COPY OF THE PUBLIC NOTICE AFFIXED IN THE PROPERTY OF THE PETITIONER BY THE 2ND RESPONDENT , INFORMING OF TAKING POSSESSION OF THE PROPERTY Exhibit P4 TRUE COPY OF THE PUBLIC NOTICE AFFIXED BY THE4 1ST RESPONDENT BANK IN THE PROPERTY OF THE PETITIONER STATING THAT THE SALE PROCEEDINGS ARE IN PROGRESS