WP(C) NO. 13334 OF 2025 1 2025:KER:29609 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13334 OF 2025 PETITIONER: OLIVA KUNJUVAREED, AGED 28 YEARS D/O.KUNJUVAREED, AYNIKKAL HOUSE, CHENGALOOR.P.O., SNEHAPURAM, THRISSUR, PIN - 680312 BY ADVS. C.A.CHACKO C.M.CHARISMA BABU V.P. SHAHBAS AMAN C.M. RESPONDENTS: 1 THE SOUTH INDIAN BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE, AKP JUNCTION, CHRIST COLLEGE, CHRIST NAGAR, IRINJALAKKUDA, THRISSUR, PIN - 680125 2 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD., CHENGALOOR BRANCH, MOUNT CARMEL CHURCH BUILDING, PUDUKAD, MUPLIYAM ROAD, THRISSUR, PIN - 680312 BY ADVS. Sunil Shankar A VIDYA GANGADHARAN(K/000424/2020) THOMAS GLAISON(K/002715/2024) SRI. SUNIL SHANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13334 OF 2025 2 2025:KER:29609 JUDGMENT The petitioner availed an educational loan from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the SARFAESI Act to recover the amounts due from the petitioner. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a mortgage overdraft loan and the outstanding amount as on 31.03.2025 is Rs.26,28,433/-. The learned counsel appearing for the respondent bank submits that this is the second round of litigation at the instance of the petitioner. It is submitted that the petitioner has not complied with the directions issued by this Court in judgment dated 24.11.2021 in WP(c) No.26414/2021. It is submitted that technically, the present Writ Petition is not maintainable. However, it is submitted that as a matter of indulgence, the respondent bank is willing to accept repayment of the outstanding amount provided that the number of installments is limited to four. 4. The learned counsel appearing for the petitioner WP(C) NO. 13334 OF 2025 3 2025:KER:29609 would submit that the petitioner may be permitted some further installments to clear the liability. 5. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances noticed above, I am of the view that since this is the second round of litigation at the instance of the petitioner, the petitioner can be granted only a limited number of installments. 6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.26,28,433/- along with any accrued interest, costs and charges from the petitioner in the following manner: (I) The outstanding amount of Rs.26,28,433/- along with any accrued interest, costs and charges shall be repaid in 6 equated monthly instalments; (ii) The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the last working 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 WP(C) NO. 13334 OF 2025 4 2025:KER:29609 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 Nsd WP(C) NO. 13334 OF 2025 5 2025:KER:29609 APPENDIX OF WP(C) 13334/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT OF HON’BLE COURT IN WP(C)NO.26414/2021 DATED 24/11/2021 Exhibit P2 TRUE COPY OF NOTICE DATED 24/2/2025 ISSUED BY ADVOCATE COMMISSIONER APPOINTED BY CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IN CRL.M.P.NO.1084/2021 Exhibit P3 TRUE COPY OF DECREE IN OS.NO.409/2022 ON THE FILE OF MUNSIFF COURT, IRINJALAKKUDA DATED 6/6/2023 FOR PARTITION