2025:KER:26617 W.P.(C) No.12303/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12303 OF 2025 PETITIONER/S: SOUDA BEEVI, AGED 65 YEARS W/O. SHAMSUDHEEN, BISMILLA HOUSE AERAM, ANCHAL, PUNALUR, KOLLAM, PIN - 691306 BY ADV MOHAMMED ASHRAF RESPONDENT/S: 1 CANARA BANK, ANCHAL BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KOLLAM DISTRICT, PIN - 691306 2 THE AUTHORISED OFFICER, CANARA BANK, ANCHAL BRANCH, KOLLAM DISTRICT, PIN - 691306 OTHER PRESENT: SRI. M.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26617 W.P.(C) No.12303/2025 -2- J U D G M E N T The petitioner and her daughter availed a Housing loan from the respondent bank. On default being committed, proceedings have been initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 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 petitioner may be permitted to clear the entire liability in installments. 3. Learned counsel for the respondent bank submits that this is the second writ petition at the instance of the petitioner. It is submitted that the sale of the secured asset is scheduled on 28-03-2025. However it is submitted that there are no bidders. It is submitted that the present overdue amount as on 27-03-2025 is Rs.7,06,377/-. It is submitted that considering the fact that this is the second round of litigation at the instance of the petitioner, if this court is inclined to grant any further instalment, the petitioner may be required to clear the overdue amount in very limited instalments. It is 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. 2025:KER:26617 W.P.(C) No.12303/2025 -3- 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 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 six (6) equal monthly instalments first of which shall be paid on or before 10-04-2025 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.7,06,377/- 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.7,06,377/- together with any accrued interest, bank charges and costs shall be repaid in six equated monthly instalments; (ii) The first instalment shall be paid on or before 10-04-2025 and the subsequent instalments shall be paid on or before 10th working day of each succeeding month; 2025:KER:26617 W.P.(C) No.12303/2025 -4- (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 AMG 2025:KER:26617 W.P.(C) No.12303/2025 -5- APPENDIX OF WP(C) 12303/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT RENDERED IN WP(C) NO. 27349 OF 2024, DATED 31.07.2024 Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 05.03.2025 Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENTS DATED 18.03.2025