WP(C) NO. 12702 OF 2025 1 2025:KER:26381 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. 12702 OF 2025 PETITIONER: SYAMALA K.K., AGED 63 YEARS W/O CHELLAPPAN, VALIYAVEETTIL, VENMONY VARAMPUR P.O., ALAPPUZHA DISTRICT, PIN - 689509 BY ADVS. K.SHAJ BEENA N.KARTHA ARUN CHAND BHARAT VIJAY P. MINU VITTORRIA PAULSON KEVIN JAMES SAUMYA.P.S GOPIKA GOPAL ARCHANA P.P. REN SHIBU SHEHROON PATEL A.K. RESPONDENTS: 1 KERALA GRAMIN BANK, KOLLAKKADAVU BRANCH, KAVALIKKAL PLAZA, KOLLAKKADAVU P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 690509 2 AUTHORISED OFFICER, KERALA GRAMIN BANK, KOLLAKKADAVU BRANCH, KAVALIKKAL PLAZA, KOLLAKKADAVU P.O., ALAPPUZHA DISTRICT, PIN - 690509 SRI. JAWAHAR JOSE, 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. 12702 OF 2025 2 2025:KER:26381 JUDGMENT The petitioner has 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 petitioner. 2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a mortgage loan and the outstanding amount as on 27.03.2025 is Rs.2,72,646/- (Rupees two lakhs seventy two thousand six hundred and forty six only). It is 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. WP(C) NO. 12702 OF 2025 3 2025:KER:26381 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.2,72,646/- (Rupees two lakhs seventy two thousand six hundred and forty six only) along with any accrued interest, costs and charges from the petitioner in the following manner:- (i) The petitioner shall pay the outstanding amount of Rs.2,72,646/- (Rupees two lakhs seventy two thousand six hundred and forty 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 15.04.2025 and the subsequent instalments shall be paid on or before the 15th 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 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 lsn WP(C) NO. 12702 OF 2025 4 2025:KER:26381 APPENDIX OF WP(C) 12702/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE E-AUCTION NOTICE DATED 29/07/2024 ISSUED BY THE 2ND RESPONDENT UNDER RULES 8(8) AND 9 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002. Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 20/02/2025 ISSUED BY THE 1ST RESPONDENT BANK.