2025:KER:30204 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 11600 OF 2025 PETITIONER: SANTHAMMA P.V., AGED 72 YEARS W/O. SADASIVAN PILLA, POOMANGALATH HOUSE, MANNAR, POOZHIKKAL P.O., KADUTHURUTHY, KOTTAYAM, PIN – 686604. BY ADVS. M.K.CHANDRA MOHANDAS SHAKTHI PRAKASH K.DHRUV KUMAR HARIKRISHNAN M.S. RESPONDENTS: 1 THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD., NO. K399, REPRESENTED BY ITS AUTHORIZED OFFICER, APPANCHIRA BRANCH, KADUTHURUTHY, KOTTAYAM, PIN – 686604. 2 THE AUTHORIZED OFFICER, THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD. NO. K399, APPANCHIRA BRANCH, KADUTHURUTHY, KOTTAYAM, PIN – 686604. BY ADVS. RENJITH.R, SC ANJU MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11600 OF 2025 2 2025:KER:30204 JUDGMENT The petitioner along with her son availed a housing loan from the respondent Bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the SARAFESI Act 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 was submitted on behalf of the respondent Bank that the petitioner along with her son committed default in repayment of a housing loan and the overdue amount as on today (07.04.2025) is Rs.6,74,443/-(Rupees six lakhs seventy four thousand four hundred and forty three 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 overdue amount in limited instalments and regularise the loan account. 4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount WP(C) NO. 11600 OF 2025 3 2025:KER:30204 along with any accrued interest, costs and charges in six instalments 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.6,74,443/-(Rupees six lakhs seventy four thousand four hundred and forty three only) along with any accrued interest, costs and charges 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.6,74,443/- (Rupees six lakhs seventy four thousand four hundred and forty three only) along with any accrued interest, costs and charges in six 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 the last working day of every succeeding months; 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 DK WP(C) NO. 11600 OF 2025 4 2025:KER:30204 APPENDIX OF WP(C) 11600/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 19.03.2025 ATTACHED AFTER TAKING POSSESSION OF THE PROPERTY