2025:KER:26249 WP(C) NO. 12382 OF 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. 12382 OF 2025 PETITIONER/S: SANDRA S NAIR,AGED 27 YEARS D/O SALSUDHAN NAIR,RESIDING AT MAYOORA, CHERIYA KOKODY, KOKKOTTELA.P.O.,KOTTAKAKAOM MURI,, ARYANAD VILLAGE,NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695542 BY ADV R.B.RAJESH RESPONDENT/S: 1 THE BRANCH MANAGER, THE DHANALAXMI BANK LTD,ARYANAD BRANCH,ARYANAD, THIRUVANANTHAPURAM, PIN - 695542 2 THE AUTHORIZED OFFICER AND SENIOR MANAGER THE DHANALAXMI BANK LTD, REGIONAL OFFICE, THIRUVANANTHAPURAM THIRUVANANTHAPURAM DISTRICT, PIN - 695023 SRI. VIJAYARAGHAVAN P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26249 WP(C) NO. 12382 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 overdue amount in instalments and to obtain regularisation of the loan account. 3. It is submitted on behalf of the respondent bank that the petitioner availed an educational loan from the respondent bank and committed default in repayment and the overdue amount, as on 25.03.2025, would come to Rs.6,25,188/- (Rupees Six lakh twenty five thousand one hundred and eighty eight only). 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 provided a substantial amount is paid as expeditiously as possible. 2025:KER:26249 WP(C) NO. 12382 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 overdue amount of Rs.6,25,188/- (Rupees Six lakh twenty five thousand one hundred and eighty eight only) on a condition that the petitioner shall pay an amount of Rs.1,50,000/- (Rupees One lakh and fifty thousand only) on or before 05.04.2025 and the balance amount along with any accrued interest, cost and charges in eight instalments 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.6,25,188/- (Rupees Six lakh twenty five thousand one hundred and eighty eight only) along with accrued interest, cost and bank charges from the petitioner and regularise the loan account of the petitioner in the following manner:- (i) Petitioner shall pay an amount of Rs.1,50,000/- (Rupees One lakh and fifty thousand only) on or before 05.04.2025; (ii)The balance overdue amount of Rs.4,75,188/- (Rupees Four lakh seventy five thousand one hundred and eighty eight only) along with any accrued interest, cost and charges shall be paid in eight equated monthly instalments; 2025:KER:26249 WP(C) NO. 12382 OF 2025 4 (iii)The first instalment shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 05th day of each succeeding months; (iv)Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above; (v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law; (vi) 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:26249 WP(C) NO. 12382 OF 2025 5 APPENDIX OF WP(C) 12382/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE UNDER SECTION 13(12) DATED 14/03/2025 ISSUED BY THE RESPONDENTS