2025:KER:25785 WP(C) NO. 12413 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 12413 OF 2025 PETITIONER/S: RAMDAS K C, AGED 59 YEARS S/O CHANDRAN , KAREKKATTIL HOUSE, AYYANTHOLE , P.O, THRISSUR, PIN - 680003 BY ADV MANSOOR ALI RESPONDENT/S: 1 THE BANK OF INDIA AYYANTHOLE BRANCH, REPRESENTED BY ITS MANAGER, AKKARA PATTINIKKKAL BUILDING, 1ST FLOOR, AYYANTHOLE , THRISSUR, KERALA, PIN - 680003 2 THE AUTHORIZED OFFICER, THE BANK OF INDIA AYYANTHOLE BRANCH , AKKARA PATTINIKKKAL BUILDING, 1ST FLOOR, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 SRI. JAWAHAR JOSE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25785 WP(C) NO. 12413 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 credit facilities 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 26.03.2025, balance amount which is liable to be repaid is Rs.13,40,273/- (Rupees Thirteen lakh forty thousand two hundred and seventy three only). 2025:KER:25785 WP(C) NO. 12413 OF 2025 3 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.13,40,273/- (Rupees Thirteen lakh forty thousand two hundred and seventy three 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.13,40,273/- (Rupees Thirteen lakh forty thousand two hundred and seventy three 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.13,40,273/- (Rupees Thirteen lakh forty thousand two hundred and seventy three only) in twelve equated monthly instalments along with any accrued interest, charges and costs; (ii) The first instalment shall be paid on or before 15.04.2025 and the subsequent instalments shall be paid on or before the 15th 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:25785 WP(C) NO. 12413 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:25785 WP(C) NO. 12413 OF 2025 5 APPENDIX OF WP(C) 12413/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF LOAN HAVING NO. 855675110000093 DATED 02.04.2016 Exhibit P2 THE TRUE COPY OF THE ADVOCATE COMMISSION NOTICE DATED 14.02.2025