WP(C) NO. 13158 OF 2025 1 2025:KER:27341 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. 13158 OF 2025 PETITIONER: SINDHU.S AGED 41 YEARS W/O.LATE VIJAYAN PILLAI, SOPANAM, MEYYANNOOR, MEYYANNOOR P.O, PALLIMON, KOLLAM -, PIN - 691537 BY ADVS. K.SIJU ANJANA KANNATH SAFNA P.S. RESPONDENTS: 1 UNION BANK OF INDIA REGIONAL OFFICE, BSNL BUILDING, CHINNAKKADA, KOLLAM – REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 691001 2 THE BRANCH MANAGER UNION BANK OF INDIA, NK BUILDING, BEACH ROAD, KOLLAM -, PIN - 691001 BY ADVS. ASP.KURUP SADCHITH.P.KURUP(K/1419/2002) C.P.ANIL RAJ(K/872/2007) SIVA SURESH(K/2688/2022) B.SREEDEVI(K/169/2024) ATHIRA VIJAYAN(K/199/2024) 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. 13158 OF 2025 2 2025:KER:27341 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. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a housing loan and the total overdue amount as on 28.03.2025 is Rs.3,35,000/-. 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 overdue amount in limited instalments and regularise the loan account. 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 in six equal monthly instalments, the first of which shall be paid on or before 15.04.2025 and the subsequent instalments shall be paid on the 15th 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. WP(C) NO. 13158 OF 2025 3 2025:KER:27341 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.3,35,000/- along with any accrued interest, costs and charges from the petitioner and regularise the loan account of the petitioner in the following manner: i. The petitioner shall pay the overdue amount of Rs. 3,35,000/- along with any accrued interest, costs and charges in six equal 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. 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; 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 Nsd WP(C) NO. 13158 OF 2025 4 2025:KER:27341 APPENDIX OF WP(C) 13158/2025 PETITIONER EXHIBITS Exhibit P1 THE COPY OF PASSBOOK DATED 11.1.2018 ISSUED TO THE PETITIONER IN LOAN ACCOUNT NO.046030100035678 Exhibit P2 THE COPY OF NOTICE DATED 18.3.2025 ISSUED BY THE ADVOCATE COMMISSIONER