WP(C) NO. 13455 OF 2025 1 2025:KER:30601 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13455 OF 2025 PETITIONER/S: V.A.SHAMSUDDIN, AGED 74 YEARS S/O. ABDUL RAHMAN, CC 23/ 1992, CHAYAPARAMBIL HOUSE, NEAR JAYALAKSHMI THEATRE, PALLURUTHY, KOCHI, PIN - 682006 BY ADV P.P.RAJESH RESPONDENT/S: 1 THE MATTANCHERRY SARVAJANIK CO OPERATIVE BANK LTD, NO. 3284, HEAD OFFICE, POST BAG NO. 142, CHERLAI, KOCHI , REP. BY ITS BRANCH MANAGER, PIN - 682002 2 THE AUTHORISED OFFICER, THE MATTANCHERRY SARVAJANIK CO OPERATIVE BANK LTD, NO. 3284, HEAD OFFICE, POST BAG NO. 142, CHERLAI, KOCHI, PIN - 682002 BY ADVS. NISHA GEORGE SAJEEV KUMAR K.GOPAL SRI. SAJEEVKUMAR K. GOPAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13455 OF 2025 2 2025:KER:30601 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 loan and the total overdue amount as on 03.04.2025 is Rs.4,20,000/-. 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 ten equal monthly instalments, the first of which shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on the 5th 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 WP(C) NO. 13455 OF 2025 3 2025:KER:30601 accept repayment of the entire overdue amount of Rs.4,20,000/- 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 along with any accrued interest, costs and charges in ten equal 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 30th 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. 13455 OF 2025 4 2025:KER:30601 APPENDIX OF WP(C) 13455/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MC NO. 41/ 2025 FILED BY RESPONDENTS BEFORE THE ADDL. CJM (MP, MLA COURT), ERNAKULAM Exhibit P2 TRUE COPY OF THE NOTICE OF POSSESSION DTD. 14/ 02/ 2025 ISSUED BY THE ADVOCATE COMMISSIONER TO PETITIONER IN M.C. NO. 41/ 2025 OF THE ADDL. C.J.M. (SPL. COURT FOR MP’S AND MLA’S), ERNAKULAM