WP(C) NO.14054 OF 2025 1 2025:KER:29083 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO.14054 OF 2025 PETITIONER: ABHILASH.C.A., AGED 44 YEARS S/O ARAVINDHAKSHAN (LATE), CHANASSERY HOUSE, VALLIVATTOM P.O., THRISSUR, PIN - 680123 BY ADVS. P.YADHU KUMAR P.BABU KUMAR JAHRA K. RESPONDENTS: 1 KERALA STATE CO-OPERATIVE BANK LIMITED, VELLANGALLUR BRANCH REPRESENTED BY ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE BANK LIMITED, VELLANGALLUR BRANCH, 933, HIFAD COMPLEX, VELLANGALLUR, THRISSUR, PIN - 680662 2 AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LIMITED, VELLANGALLUR BRANCH, 933, HIFAD COMPLEX, VELLANGALLUR, THRISSUR, PIN – 680662 BY ADV.K.S.ARUNKUMAR, 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.14054 OF 2025 2 2025:KER:29083 JUDGMENT The loans availed by the petitioner from the 1st respondent Bank fell in arrears. The Bank initiated recovery proceedings. Exts.P1 to P3 are the notices issued by the 1st respondent informing the petitioner that if the dues are not cleared, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act [for short, ‘SARFAESI Act’] would be initiated. Later, Ext.P4 notice under Section 13(2) of the SARFAESI Act has been issued. Thereafter, the Bank issued Exts.P5 to P7 threatening coercive proceedings against the petitioner under the Revenue Recovery Act, 1968. Challenging Exts.P1 to P7 notices, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Bank to permit him to pay the overdue amount in installments. WP(C) NO.14054 OF 2025 3 2025:KER:29083 2. Sri.K.S.Arunkumar, the learned Standing Counsel for the Bank, on instructions, submits that, the petitioner had availed three loans and an amount of Rs.2,84,930/- is overdue in the loan accounts and that he can be permitted to pay the said amount in reasonable installments, so as to avoid any coercive proceedings. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 10 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.2,84,930/- in 10 equal monthly installments commencing from 04.05.2025, along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. 5. If the petitioner defaults payment of any WP(C) NO.14054 OF 2025 4 2025:KER:29083 of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/04/04/2025 WP(C) NO.14054 OF 2025 5 2025:KER:29083 APPENDIX OF WP(C) 14054/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE AGAINST LOAN NO: 151560356003023 DATED 15.11.2024 Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE AGAINST LOAN NO: 151560480000413 DATED 15.11.2024 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE AGAINST LOAN NO: 151560471200109 DATED 15.11.2024 Exhibit P4 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK DATED 23.01.2025 Exhibit P5 A TRUE COPY OF THE NOTICE DATED 01.03.2025 AGAINST LOAN NO: 151560356003023 Exhibit P6 A TRUE COPY OF THE NOTICE DATED 01.03.2025 AGAINST LOAN NO: 151560480000413 Exhibit P7 A TRUE COPY OF THE NOTICE DATED 01.03.2025 AGAINST LOAN NO: 151560471200109