WP(C) NO. 12329 OF 2025 1 2025:KER:29159 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12329 OF 2025 PETITIONER/S: TONY MICHAEL JOSE AGED 35 YEARS VELLIAPPALLIL HOUSE, ANTHINAD, LALALM, KOTTAYAM, PIN - 686651 BY ADV M.R.SASITH RESPONDENT/S: 1 THE AUTHORIZED OFFICER THE HDFC BANK, HDFC HOUSE, POST BAG NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI, PIN - 682015 2 THE HDFC BANK HDFC HOUSE, REPRESENTED BY ITS AUTHORIZED OFFICER, POST BAG NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI, PIN - 682015 BY ADVS. Ambily S RUPA R. NAIR(K/001021/2023) K.K.CHANDRAN PILLAI (SR.)(C-41) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12329 OF 2025 2 2025:KER:29159 C.S.DIAS, J. --------------------------------------- WP(C) No. 12329 OF 2025 ----------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent bank to permit the petitioner to pay the overdue amount in 24 equal monthly installments. 2. The petitioner had availed two loans from the 1st respondent bank. Due to circumstances beyond the petitioner's control, he could not pay the EMIs on time. The 1st respondent is now proceeding against the secured assets of the petitioner. The petitioner is willing to pay the overdue amount in installments. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned counsel for the respondents. 4. The learned counsel for the respondents submitted that the overdue amount in the two accounts in Rs.2,71,510/-. The respondents are willing to permit the petitioner to pay the overdue amount in six monthly installments. WP(C) NO. 12329 OF 2025 3 2025:KER:29159 5. The learned counsel for the petitioner submitted that the petitioner may be granted atleast ten installments to pay the overdue amount. 6. On a consideration of the facts and the materials on record, particularly, the broad consensus arrived at between the parties, I am of the definite view that the petitioner can be permitted to pay the above over due amount in eight equated monthly installments. In the result, the writ petition is disposed of, by permitting the petitioner to pay the above overdue amount in eight equated monthly installments commencing from 04.05.2025 along with the regular EMIs. It is made clear that if the petitioner fails to pay any of the installments, the respondents would be at liberty to proceed with the coercive proceedings from the stage it has been stopped. Sd/- C.S.DIAS, JUDGE rkc/04.04.25 WP(C) NO. 12329 OF 2025 4 2025:KER:29159 APPENDIX OF WP(C) 12329/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE INTIMATION NOTICE DATED 03.03.2025 ISSUED BY THE RESPONDENT BANK