2025:KER:29788 WP(C) NO. 13535 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 13535 OF 2025 PETITIONER/S: ANITHA KUMARY K.,AGED 55 YEARS BUNGLOW VADAKKATHIL KUZHIVILA VEEDU, KULATHUPUZHA, EZHAMKULAM P.O.,, PIN - 691312 BY ADV VINOY VARGHESE KALLUMOOTTILL RESPONDENT/S: 1 THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK (KERALA BANK) REPRESENTED BY VINU KUMAR, AUTHORISED OFFICER AND AREA MANAGER, ANCHAL OFFICE, MAIN BRANCH, ANCHAL, PIN - 691306 2 MANAGER, KERALA STATE CO-OPERATIVE BANK (KERALA BANK), KULATHUPUZHA, EZHAMKULAM P.O., KOLLAM, PIN - 691312 SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29788 WP(C) NO. 13535 OF 2025 2 JUDGMENT Petitioner has approached this Court, challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 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 availed a loan from the respondent bank and committed default in repayment and the overdue amount, as on 06.04.2025, would come to Rs.2,70,480/- (Rupees Two lakh seventy thousand four hundred and eighty only). 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. 2025:KER:29788 WP(C) NO. 13535 OF 2025 3 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 overdue amount of Rs.2,70,480/- (Rupees Two lakh seventy thousand four hundred and eighty only) along with any accrued interest, cost and charges in ten instalments 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 accept repayment of the entire overdue amount of Rs.2,70,480/- (Rupees Two lakh seventy thousand four hundred and eighty only) along with accrued interest, cost and bank 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.2,70,480/- (Rupees Two lakh seventy thousand four hundred and eighty only) along with any accrued interest, cost and charges in ten 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 each succeeding months; (iii)Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above; 2025:KER:29788 WP(C) NO. 13535 OF 2025 4 (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 ajt 2025:KER:29788 WP(C) NO. 13535 OF 2025 5 APPENDIX OF WP(C) 13535/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS INITIATED BY THE REVENUE RECOVERY AUTHORITIES TO RECOVER THE LOAN AMOUNT OF THE 2ND RESPONDENT BANK DATED 18/07/2024. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C NO.95/2025 ON THE FILE OF THE CJM KOLLAM DATED 13/02/2025.