2025:KER:30055 WP(C) NO. 12096 OF 2025 1 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. 12096 OF 2025 PETITIONER/S: BIJUMON V.G.,AGED 50 YEARS S/O. GOVINDHAN, VARIKKAPLACKAL HOUSE, CHAKKAMPUZHA POST, RAMAPURAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686574 BY ADV JOSEPH T.JOHN RESPONDENT/S: 1 THE AUTHORIZED OFFICER, KERALA BANK, KOTTAYAM REGIONAL OFFICE, CENTRAL JUNCTION, KOTTAYAM, PIN - 686001 2 THE BRANCH MANAGER, KERALA BANK, KOLLAPPALLY BRANCH, KOLLAPPALLY POST, KOTTAYAM, PIN - 686651 SRI. ATHUL SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30055 WP(C) NO. 12096 OF 2025 2 JUDGMENT Petitioner has approached this Court challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due from the petitioner. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the liability in instalments. 3. Learned Standing Counsel appearing for the respondent bank submits that the petitioner availed a loan from the respondent bank and committed default in repayment. It is also submitted that regularisation is not possible. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept the repayment of the outstanding amount in limited instalments. According to the learned Standing Counsel appearing for the respondent, as on 25.02.2025, the balance amount which is liable to be repaid is Rs.10,75,760/- (Rupees Ten lakh seventy five 2025:KER:30055 WP(C) NO. 12096 OF 2025 3 thousand seven hundred and sixty only). 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 outstanding amount of Rs.10,75,760/- (Rupees Ten lakh seventy five thousand seven hundred and sixty only)along with accrued interest, cost and charges in twelve instalments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.10,75,760/- (Rupees Ten lakh seventy five thousand seven hundred and sixty only) along with any accrued interest, cost and bank charges from the petitioner in the following manner: (i) The petitioner shall pay the outstanding amount of Rs.10,75,760/- (Rupees Ten lakh seventy five thousand seven hundred and sixty only) in twelve equated monthly instalments along with any accrued interest, charges and costs; (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 the 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; 2025:KER:30055 WP(C) NO. 12096 OF 2025 4 (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 ajt 2025:KER:30055 WP(C) NO. 12096 OF 2025 5 APPENDIX OF WP(C) 12096/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 18-7-2018 IN WP (C) NO. 22862/2018 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM Exhibit P2 A TRUE COPY OF THE COMMISSION NOTICE DATED 07.03.2025 ISSUED BY THE COMMISSIONER ADVOCATE TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE STATEMENTS PUBLISHED IN NEWSPAPER DAILY ABOUT THE GOVERNMENT POLICY WITH RESPECT TO THE RECOVERY OF THE LOANS BY IMPLEMENTING SRFAESI