2025:KER:28233 W.P (C) No.12950/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 12950 OF 2025 PETITIONER/S: M.D. THOMAS, AGED 70 YEARS SON OF DEVASIA, MULLOORAKAM HOUSE, KOCHUKARUMTHARUVI P.O., ELAPPARA, IDUKKI DISTRICT, PIN - 685501 BY ADVS. PEEYUS A.KOTTAM AJAY SANKAR EMIL HANNA THOMAS RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, KERALA STATE CO-OPERATIVE BANK. LTD., (KSCB), CO-BANK TOWERS, P.B. NO.6515, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., CREDIT PROCESSING CENTER, P.B.NO. 2, IDUKKI COLONY P.O, PIN - 685501 3 KERALA STATE CO-OPERATIVE BANK LTD., ELAPPARA BRANCH, REPRESENTED BY ITS MANAGER, VADAKAYIL BUILDING, LITTLE FLOWER HOMEOS, ELAPPARA P.O., IDUKKI, PIN - 685501 4 ADV. NIVEDITHA S., ADVOCATE COMMISSIONER, PARAKKADAVU, KOLANI P.O., THODUPUZHA, IDUKKI, PIN - 685584 BY ADV K.S.ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28233 W.P (C) No.12950/2025 -2- J U D G M E N T The petitioner availed a Ordinary Cash Credit loan from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioner to approach this court by filing the above writ petition. 2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in installments. 3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 27-03-2025 is Rs.77,69,868/-. It is submitted that some reasonable installments can be given 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 facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in installments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.77,69,868/- along with interest, bank charges and costs from the petitioner in the following manner: 2025:KER:28233 W.P (C) No.12950/2025 -3- (i) The outstanding amount of Rs.77,69,868/- together with any accrued interest, bank charges and costs shall be repaid in twelve (12) equated monthly instalments; (ii) The first instalment shall be paid on or before 30-04-2025 and subsequent instalments shall be paid on or before last working day of each succeeding month; (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 AMG 2025:KER:28233 W.P (C) No.12950/2025 -4- APPENDIX OF WP(C) 12950/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM MEDICAL TRUST HOSPITAL DATED 22.03.2025 Exhibit P2 TRUE COPY OF THE POSSESSION TAKING NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 24.11.2023 Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 06.02.2025 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE MINISTER OF THE KERALA CO-OPERATIVE SOCIETIES DATED 23.03.2025