2025:KER:26710 W.P (C) No.12383/2025 -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. 12383 OF 2025 PETITIONER/S: 1 G. PREMKUMAR, AGED 64 YEARS S/O P.GANDHI, NO. 47/618, PREM NIVAS VELOOR P.O, KOTTAYAM, KERALA, PIN - 686003 2 P. AMUTHA AGED 58 YEARS S/O P.GANDHI, NO. 47/618, PREM NIVAS VELOOR P.O, KOTTAYAM, KERALA, PIN - 686003 BY ADV NELSON JOSEPH RESPONDENT/S: 1 AUTHORISED OFFICER, CITY UNION BANK LTD, CREDIT RECOVERY AND MANAGEMENT DEPARTMENT,'NARAYANA', ADMINISTRATIVE OFFICE NO. 24-B, GANDHI NAGAR, KUMBAKONAM, PIN - 612001 2 BRANCH MANAGER, CITY UNIOAN BANK LIMITED, KOTTAYAM BRANCH, MARWA SQUARE, TEMPLE ROAD,THIRUNAKKARA, KOTTAYAM, KERALA, PIN - 686001 BY ADVS. THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA JIJO PAUL ANJALI SUNIL ANJALI G.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26710 W.P (C) No.12383/2025 -2- J U D G M E N T The petitioners have availed a Cash Credit facility and a Housing loan from the respondent bank. On default being committed proceedings were initiated to recover the amounts due from the petitioners under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, prompting the petitioners to approach this court by filing the above writ petition. 2. During the course of hearing, the petitioners have confined the relief to an opportunity for repaying the amounts due in instalments. 3. The learned counsel for the respondent bank submits that out of two loans availed by the petitioners, tenure of Cash Credit facility is over. It is submitted that the petitioners will therefore have to pay outstanding amount of Rs.21,63,610/- (as on 26-03-2025), to settle the liability in that loan. It is submitted that the overdue amount in the Housing loan as on 26-03-2025 is Rs.2,15,000/-. It is submitted that the petitioners can be permitted to regularise the said Housing loan account by paying the overdue amount. It is submitted that the bank has no objection in some reasonable installments being granted to the petitioners to clear the entire liability in respect of both loans. 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 2025:KER:26710 W.P (C) No.12383/2025 -3- circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in respect of Cash Credit facility in fifteen (15) instalments and the overdue amount in respect of Housing loan in six (6) instalments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the outstanding amount of Rs.21,63,610/- in respect of Cash Credit facility along with accrued interest, bank charges and costs and overdue amount of Rs.3,50,300/- in respect of Housing loan along with accrued interest, bank charges and costs from the petitioners and regularise the Housing loan account of the petitioners in the following manner: (i) The petitioners shall pay the outstanding amount of Rs.21,63,610/- as on 26-03-2025 in respect of Cash Credit facility, together with any accrued interest, bank charges and costs in fifteen (15) equal monthly installments commencing from 15-04-2025. (ii) The petitioners shall pay the overdue amount of Rs.2,15,000/- as on 26-03-2025 in respect of Housing loan together with any accrued interest, bank charges and costs in six (6) equal monthly installments commencing from 15-04-2025. 2025:KER:26710 W.P (C) No.12383/2025 -4- (iii) The subsequent instalments shall be paid on or before 15th working day of every succeeding months. (iv) Petitioner shall continue to pay the regular EMI’s / instalments along with the instalments directed above, in respect of the Housing loan. (v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law. (vi) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. (vii) If the petitioners clear entire liability in the Cash Credit facility as permitted above, the Housing loan account of the petitioner shall be regularised. Writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE AMG 2025:KER:26710 W.P (C) No.12383/2025 -5- APPENDIX OF WP(C) 12383/2025 PETITIONER EXHIBITS Exhibit P1 TUE COPY OF THE DEMAND NOTICE DATED 11-11- 2024 Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 14- 03-2025 ISSUED BY THE RESPONDENTS