2025:KER:27163 WP(C) NO. 12450 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12450 OF 2025 PETITIONER/S: BINDU I.C., AGED 55 YEARS W/O. BALAKRISHNAN, PADINJAREPURAKKAL HOUSE, THRITHALLOOR WEST P.O., THRISSUR, PIN - 680619 BY ADVS. K.I.SAGEER MUHAMMED YASIL RESPONDENT/S: AUTHORISED OFFICER, KERALA STATE COOPERATIVE BANK LTD., VADANAPALLY BRANCH, VADANAPALLY P.O., THRISSUR, PIN - 680614 BY ADV K.S.ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27163 WP(C) NO. 12450 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 a loan from the respondent bank and committed default in repayment. It is submitted that this is the second round of litigation at the instance of the petitioner and therefore, while the bank has no objection in permitting the petitioner to clear the overdue amount in instalments, the number of instalments may be limited. It is submitted that, the overdue amount, as on 26.03.2025, would come to Rs.4,09,185/- (Rupees Four lakh nine thousand one hundred and eighty five only). It is also submitted that, substantial amount may be directed to be paid as expeditiously as possible . 2025:KER:27163 WP(C) NO. 12450 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.4,09,185/- (Rupees Four lakh nine thousand one hundred and eighty five only) on a condition that the petitioner shall pay an amount of Rs.1,00,000/ (Rupees One lakh only) on or before 15.04.2025 and the balance amount along with any accrued interest, cost and charges in five instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.4,09,185/- (Rupees Four lakh nine thousand one hundred and eighty five 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) The petitioner shall pay an amount of Rs.1,00,000/ (Rupees One lakh only) on or before 15.04.2025; (ii)The balance overdue amount of Rs.3,09,185/- (Rupees Three lakh nine thousand one hundred and eighty five only) along with any accrued interest, cost and charges shall be paid in five equated monthly instalments; 2025:KER:27163 WP(C) NO. 12450 OF 2025 4 (iii)The first instalment shall be paid on or before 15.05.2025 and the subsequent instalments shall be paid on or before the 15th 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:27163 WP(C) NO. 12450 OF 2025 5 APPENDIX OF WP(C) 12450/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 19.01.2024 ISSUED BY THE RESPONDENT FOR LOAN NO.-151460322000725 Exhibit-P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 19.01.2024 ISSUED BY THE RESPONDENT FOR LOAN NO.-151460480000513 Exhibit-P3 A TRUE COPY OF THE POSSESSION NOTICE DATED 19.01.2024 ISSUED BY THE RESPONDENT FOR LOAN NO.-151460356002987 Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 23.02.2024 IN W.P.C. NO. 7181/2024 OF THIS HON’BLE COURT Exhibit-P5 A TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 23.01.2025 Exhibit P6 A TRUE COPY OF THE MEDICAL REPORT DATED 04.06.2024