WP(C) NO. 12737 OF 2025 1 2025:KER:26483 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12737 OF 2025 PETITIONER: AISHA M.A., AGED 50 YEARS W/O. MUJEEB K.A., KOOTHUPARAMBU HOUSE, MANJAPPETTY, MARAMPILLY, ERNAKULAM, PIN - 683105 BY ADVS. J.RAMKUMAR K.S.SREERAJ RESPONDENTS: 1 FEDERAL BANK LIMITED, THOTTAKKATTUKARA BRANCH, PARUR JUNCTION, UC COLLEGE POST, THOTTAKKATTUKARA, ALUVA, ERNAKULAM, REPRESENTED BY AUTHORIZED OFFICER, PIN - 683102 2 AUTHORISED OFFICER, FEDERAL BANK LIMITED, THOTTAKKATTUKARA BRANCH, PARUR JUNCTION, UC COLLEGE POST, THOTTAKKATTUKARA, ALUVA, ERNAKULAM, PIN - 683102 SRI. P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12737 OF 2025 2 2025:KER:26483 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. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments. 3. The learned counsel appearing for the respondent Bank submits that this is the second Writ Petition at the instance of the petitioner. It is submitted that the earlier Writ Petition filed by the petitioner as W.P.(C) No.35941/2024 was disposed of by Ext.P1 judgment permitting the petitioner to pay off the outstanding amount in 12 equal monthly instalments and to approach the Bank for One Time Settlement after payment of the first instalment of Rs.8,00,000/-. It is submitted that no amount was paid by the petitioner pursuant to the directions contained in Ext.P1 judgment. It is submitted that the property WP(C) NO. 12737 OF 2025 3 2025:KER:26483 of the petitioner was scheduled to be held on 26.03.2025. However, the sale did not take place as there were no bidders. It is submitted that in such circumstances and purely as a matter of indulgence, the respondent Bank is willing to accept the repayment of the outstanding amount in instalments, provided the substantial payment is made on or before 05.04.2025. It is submitted that the outstanding amount as on 06.03.2025 is Rs.51,85,000/-. 4. The learned counsel appearing for the petitioner submits that the petitioner will pay the substantial amount initially and pay off the balance outstanding amount in some instalments. 5. 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 on condition that Rs.5,00,000/- (Rupees five lakhs only) shall be paid on or before 05.04.2025 and the balance amount along with accrued interest, costs and charges shall be paid in 12 equal monthly instalments, the first of which WP(C) NO. 12737 OF 2025 4 2025:KER:26483 shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 5th day of every succeeding months. 6. Accordingly, there will be a direction to the respondent Bank to accept repayment of the outstanding amount of Rs.51,85,000/- (Rupees fifty one lakhs eighty five thousand only) along with accrued interest, costs and charges from the petitioners in the following manner:- (i) The petitioners shall pay a sum of Rs.5,00,000/- (Rupees five lakhs only) on or before 05.04.2025. The balance outstanding amount along with any accrued interest, costs and charges shall be paid in 12 equal monthly instalments; (ii) The first instalment shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 5th 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. The writ petition is disposed of as above. Sd/-GOPINATH P. JUDGE lsn WP(C) NO. 12737 OF 2025 5 2025:KER:26483 APPENDIX OF WP(C) 12737/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 15.10.2024 IN WPC NO.35941/2024 OF THIS HON'BLE COURT Exhibit P2 A TRUE COPY OF THE E-AUCTION NOTICE DATED 06.03.2025 ISSUED BY THE RESPONDENTS