WP(C) NO. 12789 OF 2025 1 2025:KER:26810 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. 12789 OF 2025 PETITIONER: USHAKUMARI, AGED 61 YEARS D/O. SUKUMARI AMMA, USHA BHAVAN, VELLARADA P.O., THIRUVANANTHAPURAM, PIN - 695505 BY ADVS. R.SUNIL KUMAR A.SALINI LAL JINU P. BINU RESPONDENTS: 1 NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD., REPRESENTED BY ITS AUTHORISED OFFICER, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121 2 THE BRANCH MANAGER, NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD, PANACHIMOODU BRANCH, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121 SRI. R.T.PRADEEP 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. 12789 OF 2025 2 2025:KER:26810 JUDGMENT This is the second round of litigation at the instance of the petitioner challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act to recover the amounts due under the credit facilities availed by the petitioner from the respondent Bank. The earlier writ petition filed by the petitioner as W.P.(C) No. 7471/2024 was disposed of by Ext.P1 judgment on 25.03.2024, permitting the petitioner to regularise the loan account by paying then overdue amount in instalments. Though the petitioner paid an amount of Rs.2,95,000/- (Rupees Two lakhs Ninety five thousand only) against the overdue amount [mentioned in Ext.P1 judgment as Rs.6,17,436/- (as on 25.03.2024)] the petitioner failed to remit the regular EMIs prompting the respondent Bank to continue with the proceedings initiated under the SARFAESI Act against the petitioner. 2. When the matter is taken up for consideration today, it is the submission of the learned counsel for the petitioner that the petitioner intends to sell one other item of the property belonging to the petitioner WP(C) NO. 12789 OF 2025 3 2025:KER:26810 and settle the entire liability with the respondent Bank. It is submitted that the petitioner has paid a further amount of Rs.25,000/- towards the loan liability today morning. It is submitted that if three months’ time is granted to the petitioner, the petitioner will be in a position to clear the entire liability. 3. The learned counsel appearing for the respondent Bank submits that technically this Writ Petition is not even maintainable before this Court. It is submitted that notwithstanding the above purely as a matter of indulgence the respondent Bank is willing to grant some time to the petitioner to clear the entire liability. 4. Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Bank and Having regard to the submissions made as above, this Writ Petition shall stand disposed of on consent granting to the petitioner three months’ time from today (27.03.2025) to clear the entire liability to the respondent Bank. If the petitioner fails to clear the entire liability within a period of three months from today, the respondent Bank may continue with the proceedings initiated against the petitioner. It will be open to the WP(C) NO. 12789 OF 2025 4 2025:KER:26810 petitioner to seek the benefit of any One Time Settlement, if so advised. The Writ Petition ordered accordingly. Sd/-GOPINATH P. JUDGE lsn WP(C) NO. 12789 OF 2025 5 2025:KER:26810 APPENDIX OF WP(C) 12789/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE JUDGEMENT OF THIS COURT IN WP(C) 7471 / 24 DATED 25/3/2024 Exhibit P-2 A TRUE COPY OF THE RECEIPT DATED 25/3/2024 FOR AN AMOUNT OF RS.100000/- Exhibit P-3 A TRUE COPY OF THE RECEIPT DATED 15/6/2024 FOR AN AMOUNT OF RS.100000/- Exhibit P-4 A TRUE COPY OF THE RECEIPT DATED 11/11/2024 FOR AN AMOUNT OF RS.100000/- Exhibit P-5 A TRUE COPY OF THE RECEIPT DATED 30/1/2025 FOR AN AMOUNT OF RS.100000/- Exhibit P-6 A TRUE COPY OF THE RECEIPT DATED 18/2/2025 FOR AN AMOUNT OF RS.50000/- Exhibit P-7 TRUE COPY OF THE LETTER DATED 05/03/2025 ISSUED BY THE ADVOCATE COMMISSIONER