WP(C) NO. 12824 OF 2025 1 2025:KER:26459 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. 12824 OF 2025 PETITIONERS: 1 ABDUL LATHEEF, AGED 52 YEARS S/O. KOYAMMED HAJI, KUNNUMMAL HOUSE, OMASSERY P.O., KOZHIKODE DISTRICT, PIN - 673582 2 PATHUMMAI, AGED 74 YEARS W/O. KOYAMMED HAJI, KUNNUMMAL HOUSE, OMASSERY P.O, KOZHIKODE DISTRICT, PIN - 673582 BY ADVS. MOHAMMED SHAFI.K BIJU THOMAS SHAHIM BIN AZIZ RESPONDENT: THE KERALA STATE CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE, KOZHIKODE DISTRICT, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 673002 SRI. P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12824 OF 2025 2 2025:KER:26459 JUDGMENT The petitioners have approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from the petitioners. 2. The learned counsel for the petitioner would submit that the petitioners may be permitted to clear the liability in instalments. 3. It was submitted on behalf of the respondent bank that the petitioners committed default in repayment of a mortgage loan and the outstanding amount as on 27.03.2025 is Rs.55,36,356/- (Rupees fiftyfive lakhs thirty six thousand three fifty six only). It was 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 outstanding amount in limited instalments. 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 outstanding amount along with any accrued interest, costs and charges in 12 instalments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of 55,36,356/- WP(C) NO. 12824 OF 2025 3 2025:KER:26459 (Rupees fiftyfive lakhs thirty six thousand three fifty six only) along with any accrued interest, costs and charges from the petitioners in the following manner:- (i) The petitioners shall pay the outstanding amount of 55,36,356/- (Rupees fiftyfive lakhs thirty six thousand three fifty six only) along with any accrued interest, costs and charges in 12 equated monthly instalments; (ii) The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the 30th day of every succeeding months; (iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law; (iv) In order to enable the petitioners 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 lsn WP(C) NO. 12824 OF 2025 4 2025:KER:26459 APPENDIX OF WP(C) 12824/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 03.02.2021 Exhibit-P2 A TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 15.3.2025 IN C.M.PNO.633/2025, ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE Exhibit-P3 A TRUE COPY OF THE PAYMENT SLIP DATED 7.3.2025, ISSUED BY THE RESPONDENT BANK. Exhibit-P4 A TRUE COPY OF THE PAYMENT SLIP DATED 14.3.2025, ISSUED BY THE RESPONDENT BANK