WP(C) NO. 12451 OF 2025 1 2025:KER:28695 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12451 OF 2025 PETITIONER: RAJAN J., AGED 64 YEARS S/O. JOHN, SHERLY COTTAGE, RC STREET, BALARAMAPURAM P.O., THIRUVANNATHAPURAM, PIN - 695501 BY ADV S.NIDHEESH RESPONDENT: UNION BANK OF INDIA, REP. BY THE CHIEF MANAGER, KULANGARA TOWERS, KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM, PIN - 686661 BY ADVS. M.G.SUSSILA B.SATHEEZ CHANDRAN(K/378/1975) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12451 OF 2025 2 2025:KER:28695 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated by the respondent bank to recover the amounts due under credit facilities availed by the petitioner from the respondent bank. 2. Learned counsel appearing for the petitioner would submit that the petitioner had paid a sum of Rs.3,00,000/- towards loan liability after the filing of this Writ Petition and the petitioner may be permitted to clear the remaining liability in some installments. 3. The learned counsel appearing for the respondent bank submits on instructions that no amount was paid by the petitioner towards the loan liability and the amount paid by the petitioner was to a dormant savings bank account of the petitioner maintained with the respondent bank. It is submitted that if the petitioner were to approach the competent authority of the respondent bank, a decision can be taken on the question as to whether the petitioner can be permitted to clear the liability in some installments and also whether any concession can be given to the petitioner in the matter of interest etc. 4. Having heard the learned counsel for the petitioner WP(C) NO. 12451 OF 2025 3 2025:KER:28695 and the learned counsel for the respondent bank, this Writ Petition will stand disposed of directing that if the petitioner were to submit a proposal for settlement of liability to the competent authority of the respondent bank by 5 pm on 07.04.2025, the competent authority shall take a decision on such proposal. Till such time as a decision is taken on the proposal to be submitted by the petitioner, further proceedings under the SARFAESI Act shall remain suspended. All contentions are left open. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 12451 OF 2025 4 2025:KER:28695 APPENDIX OF WP(C) 12451/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 6.3.2025 IN M.C 206/2025 OF THE CJM TRIVANDRUM Exhibit P2 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 21.3.2025