2025:KER:27191 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. 13032 OF 2025 PETITIONER: ABDUL KHADER CHEMBIL, AGED 60 YEARS, S/O. ERAMULLANKUTTY HAJI, BISMILLAH MANZIL, MATTANNUR P.O, IRITTY TALUK, KANNUR DISTRICT, PIN – 670702. BY ADVS. CIBI THOMAS G.KRISHNAKUMARI SWARNA THOMAS ANUSREE K. RESPONDENT: THE KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE AT THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE, KANNUR, PIN – 670001. BY ADV M.SASINDRAN, 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. 13032 OF 2025 2 2025:KER:27191 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. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the outstanding amount as on today (28.03.2025) is Rs.39,27,705/- (Rupees thirty nine lakhs twenty seven thousand seven hundred and five 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. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay off the outstanding amount 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 outstanding amount along with any accrued interest, costs and charges in 18 instalments. 5. Accordingly, there will be a direction to the respondent WP(C) NO. 13032 OF 2025 3 2025:KER:27191 bank to accept repayment of the entire outstanding amount of Rs.39,27,705/- (Rupees thirty nine lakhs twenty seven thousand seven hundred and five 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.39,27,705/- (Rupees thirty nine lakhs twenty seven thousand seven hundred and five only) along with any accrued interest, costs and charges in 18 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. Considering the fact that considerably liberal instalments have been granted to the petitioner, it is made clear that no further application for extension of time will be considered under any circumstances. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 13032 OF 2025 4 2025:KER:27191 APPENDIX OF WP(C) 13032/2025 PETITIONER EXHIBITS Exhibit P1. TRUE COPY OF THE NOTICE DATED 09.09.2024 ISSUED UNDER SECTION 13 (2) OF THE ACT Exhibit P2. TRUE COPY OF THE NOTICE DATED 03.01.2025 ISSUED UNDER SECTION 13 (4) OF THE ACT