WP(C) NO. 12557 OF 2025 1 2025:KER:29511 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. 12557 OF 2025 PETITIONER/S: SMT. SARUMMA, AGED 65 YEARS W/O IBRAHIMKUTTY, EDAKKARAKATH HOUSE, EEZHUVATHURUTHI P.O., PONNANI, MALAPPURAM, PIN - 679577 BY ADV DILIP J. AKKARA RESPONDENT/S: 1 THE PONNANI URBAN CO-OPERATIVE BANK, HEAD OFFICE, C.V.JUNCTION, PONNANI, MALAPPURAM, REPRESENTED BY ASST. GENERAL MANAGER/AUTHORISED OFFICER, PIN - 679577 2 THE LOAN RECOVERY OFFICER, LOAN RECOVERY CELL, THE PONNANI URBAN CO-OPERATIVE BANK LTD-372, C.V. JUNCTION, PONNANI, MALAPPURAM, PIN - 679577 BY ADVS. SHOBY K.FRANCIS AGI SHOBY 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. 12557 OF 2025 2 2025:KER:29511 JUDGMENT Petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the bank 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 outstanding amount in installments. 3. The learned counsel for the respondent bank submits that this is the 2nd round of litigation at the instance of the petitioner challenging the proceedings initiated by the respondent bank under the provisions of the SARFAESI Act. It is submitted that the earlier Writ Petition filed by the petitioner is WP(C) No.4219/2023 was disposed of by Ext.P3 judgment on 29.07.2024. 4. It is submitted that the petitioner did not remit any amount in compliance of the directions issued by this Court in Ext.P3 judgment and technically the petitioner is not entitled to maintain this Writ Petition before this Court. It is submitted that not withstanding the above, purely as a matter of indulgence, the petitioner is willing to settle the outstanding liability in six monthly installments, the bank has no objection in permitting the petitioner to do so. It is submitted that the outstanding amount as on 02.04.2025 is Rs.55,92,840/-. 5. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the WP(C) NO. 12557 OF 2025 3 2025:KER:29511 petitioner can be granted an opportunity to repay the outstanding amount in 6 installments. 6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.55,92,840/- along with any accrued interest, costs and charges from the petitioner in the following manner: (i)The outstanding amount of Rs.55,92,840/- along with any accrued interest, costs and charges shall be repaid in 6 equated monthly installments; (ii)The first installment shall be paid on or before30.04.2025 and the subsequent installments shall be paid on or before the last working day of every succeeding months; (iii)In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law; (iv)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 Nsd WP(C) NO. 12557 OF 2025 4 2025:KER:29511 APPENDIX OF WP(C) 12557/2025 PETITIONER EXHIBITS Exhibit P-1 PHOTO COPY OF 1ST PAGE OF LOAN PASS BOOK ISSUED TO APPLICANT BY THE RESPONDENT COOPERATIVE BANK Exhibit P-2 PHOTOCOPY OF NOTICE DATED 29-8-22 ISSUED BY 1ST RESPONDENT Exhibit P-3 PHOTOCOPY OF JUDGMENT DATED 29-07-24 IN W.P. (C). 4219/2023 Exhibit P-4 PHOTOCOPY OF RECEIPT DATED 07-03-23 ISSUED BY THE RESPONDENT BANK Exhibit P-5 PHOTOCOPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN MC 276/24 Exhibit P-6 PHOTOCOPY OF RECEIPT DATED 05-04-24 ISSUED BY THE RESPONDENT BANK Exhibit P-7 PHOTOCOPY OF SCAN REPORT DATED 04-02-25 ISSUED BY THE CANCER TREATMENT SERVICES (P) LTD HYDERABAD Exhibit P-8 PHOTOCOPY OF REPRESENTATION DATED 24-10-2024 SUBMITTED BY APPLICANT TO THE 1ST RESPONDENT