2025:KER:27193 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12997 OF 2025 PETITIONER: SHERIF S., AGED 63 YEARS, S/O. SHAHUL HAMEED, KUNNIL VEEDU, MANJAPPARA P.O., ITTIVA, KOLLAM DISTRICT, PIN – 691533. BY ADVS. K.V.ANIL KUMAR RADHIKA S.ANIL NIJAZ JALEEL RESPONDENTS: 1 THE BRANCH MANAGER, CO-OPERATIVE URBAN BANK LTD. NO. 1909, KOTTARAKKARA, CHADAYAMANGALAM BRANCH, KOLLAM DISTRICT, PIN – 691534. 2 THE AUTHORISED OFFICER, HEAD OFFICE, CO-OPERATIVE URBAN BANK LTD. NO.1909, KOTTARAKARA, KOLLAM DISTRICT, PIN – 691506. BY ADV SWAPNA VIJAYAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12997 OF 2025 2 2025:KER:27193 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. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account. 3. The learned counsel appearing for the respondent Bank submits that this is the 2nd writ petition at the instance of the petitioner before this Court. It is submitted that the petitioner had earlier approached this Court by filing W.P(C)No.11372 of 2022, which was disposed of permitting the petitioner to pay off the then overdue amount in some instalments. It is submitted that the petitioner has not paid any amount pursuant to the directions contained in the judgment in W.P(C)No.11372 of 2022. It is submitted that notwithstanding the above, purely as a matter of indulgence, the respondent Bank is willing to permit the petitioner to clear the present overdue amount of Rs.8,51,321/- in some 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 total overdue WP(C) NO. 12997 OF 2025 3 2025:KER:27193 amount on condition that Rs.1,50,000/- (Rupees one lakh fifty thousand only) shall be paid on or before 10.04.2025 and the balance amount along with any accrued interest, costs and charges shall be paid in 10 equal monthly instalments, the first of which shall be paid on or before 09.05.2025 and the subsequent instalments shall be paid on or before the 10th day of every succeeding months and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. Accordingly, there will be a direction to the respondent Bank to accept repayment of the entire overdue amount of Rs.8,51,321/- (Rupees eight lakhs fifty one thousand three hundred and twenty one only) along with any accrued interest, costs and charges from the petitioner and regularise the loan accounts of the petitioner in the following manner:- i. The petitioner shall pay a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) on or before 10.04.2025. The balance overdue amount along with any accrued interest, costs and charges shall be paid in 10 equal monthly instalments; ii. The first instalment shall be paid on or before 09.05.2025 and the subsequent instalments shall be paid on or before the 10th day of every succeeding month; iii.Petitioner shall continue to pay the regular EMI’s / instalments along with the instalments directed above; iv. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law; WP(C) NO. 12997 OF 2025 4 2025:KER:27193 v. 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 DK WP(C) NO. 12997 OF 2025 5 2025:KER:27193 APPENDIX OF WP(C) 12997/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 13.04.2022 IN W.P.(C) NO. 11372/2022 Exhibit-P2 A TRUE COPY OF THE NOTICE DATED 13.03.2025 ISSUED BY THE 2ND RESPONDENT