2025:KER:26061 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 12104 OF 2025 PETITIONER: HASEENA MUHAMMED, AGED 42 YEARS, W/O. MUHAMMED THAZHE CHENGOTERI, PADINJARE POLACHALA KANDI, THODANNUR P.O., VATAKARA, KOZHIKODE DISTRICT, PIN – 673 541. BY ADVS. SIDHARTH O. SUSANTH SHAJI ALBIN A. JOSEPH NEKHA VARGHESE RESPONDENTS: 1 STATE BANK OF INDIA, RETAIL ASSETS CENTRAL PROCESSING CENTRE, KOZHIKODE, REPRESENTED BY ITS AUTHORISED OFFICER, 1ST FLOOR, STATE BANK BHAVAN, MANANCHIRA, KOZHIKODE, PIN – 673 001. 2 AUTHORISED OFFICER, STATE BANK OF INDIA, RETAIL ASSETS CENTRAL PROCESSING CENTRE, KOZHIKODE, 1ST FLOOR, STATE BANK BHAVAN, MANANCHIRA, KOZHIKODE, PIN – 673 001. BY ADV. S.LAKSHMY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26061 WP(C) 12104/2025 2 JUDGMENT Petitioner along with her husband availed a housing loan from the 1st 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 (SARFAESI 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 installments and to obtain regularization of the loan account. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount, as on 25-03-2025, is Rs.2,50,000/-. It is submitted that the loan account can be regularised only if the petitioner pays the entire overdue amount before 31-03-2025. 4. The learned counsel appearing for the petitioner submits that the petitioner will pay off the entire overdue amount within a period of one month from today. 2025:KER:26061 WP(C) 12104/2025 3 5. 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 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 regularized. 6. Accordingly, the writ petition will stand disposed of, directing that, if the petitioner remits the overdue amount of Rs.2,50,000/- together with any accrued interest, costs and charges, up to the date of payment by 30-04-2025, the loan account of the petitioner shall be regularized. Thereafter, the petitioner shall continue to service the loan in accordance with the terms of the agreement executed between the petitioner and the bank. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ats 2025:KER:26061 WP(C) 12104/2025 4 APPENDIX OF WP(C) 12104/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE ORDER DATED 06.02.2025 IN CMP NO. 399/2025 ON THE FILES OF THE HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE Exhibit P2 TRUE PHOTOSTAT COPY OF THE PETITION IN CMP NO. 399/2025 ON THE FILES OF THE HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE Exhibit P3 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 18.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER IN IN CMP NO. 399/2025 ON THE FILES OF THE HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE Exhibit P4 TRUE PHOTOSTAT OF THE STATEMENT OF ACCOUNT DATED 24.02.2025 IN LOAN A/C NO. 34020464285 Exhibit P5 TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 06.03.2025 ISSUED BY AL DAHAB EXCHANGE Exhibit P6 TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 12.03.2025 ISSUED BY AL DAHAB EXCHANGE Exhibit P7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SENT THROUGH EMAIL BY THE PETITIONER DATED 23.03.2025