Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 6799 (KER)

ANITHAKUMARI, v. STATE BANK OF INDIA,

WP(C)/13927/2025 · 2025-04-08

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30436 W.P.(c)No.13927 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 13927 OF 2025 PETITIONER/S: ANITHAKUMARI, AGED 47 YEARS W/O. THRIDEEP KUMAR, SEVASADANAM, KAVOOR, PALAYAMKUNNU P.O., THIRUVANANTHAPURAM, PIN - 695146 BY ADV M.R.SASITH RESPONDENT/S: STATE BANK OF INDIA, STRESSED ASSET RECOVERY BRANCH, LMS COMPOUND, OPP: MUSEUM, WEST GATE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 695033 OTHER PRESENT: SRI. TOM K.THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30436 W.P.(c)No.13927 of 2025 2 JUDGMENT This is the second round of litigation at the instance of the petitioner, challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due upon a loan availed by the petitioner. The earlier writ petition filed by the petitioner as W.P.(C) No.17429 of 2024 was disposed of on 10.05.2024, permitting the petitioner to pay off the outstanding amount in 15 monthly installments. The petitioner failed to comply with the conditions imposed in the judgment of this Court and therefore, the bank was forced to continue with the proceedings initiated against the petitioner, prompting the petitioner to approach this Court by filing the above writ petition. 2. On 04.04.2025, this Court passed the following order: “Post on 08-04-2025. Taking of physical possession of the secured asset shall stand adjourned till 08-04-2025 on condition that the petitioner remits a sum of Rs.5,00,000/- towards the loan liability by 5 p.m today (04-04-2025).” 3. When the matter is taken up for today, it is the submission of the learned counsel for the petitioner that the amount of Rs.5 lakhs directed to be paid in terms of the interim order dated 2025:KER:30436 W.P.(c)No.13927 of 2025 3 04.04.2025 has been paid by the petitioner. 4. The learned counsel appearing for the respondent bank submits that if the petitioner pays a further amount of Rs.5,50,000/- immediately, the petitioner can be permitted to continue the repaying liabilty as permitted in Ext.P1 judgment in W.P.(C) No.17429 of 2024. It is submitted that no other indulgence can be given to the petitioner. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of, directing that if the petitioner pays a sum of Rs.5,50,000/- in two installments payable on 30.04.2025 and 20.05.2025, it may continue to enjoy the benefits of Ext.p1 judgment in W.P.(C) No.17429 of 2024. The installments payable by the petitioner in terms of the direction issued by this Court in Ext.P1 judgment shall also be paid by the petitioner in addition to the amounts directed to be paid as above. Sd/- GOPINATH P. JUDGE Scl/ 2025:KER:30436 W.P.(c)No.13927 of 2025 4 APPENDIX OF WP(C) 13927/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC NO.17429/2024, DATED 10/05/2024 Exhibit P2 TRUE COPY OF THE PAY-IN-SLIPS REGARDING THE PAYMENTS MADE BY THE HUSBAND OF THE PETITIONER, DATED 1/06/2024 Exhibit P3 TRUE COPY OF THE PAY-IN-SLIPS REGARDING THE PAYMENTS MADE BY THE HUSBAND OF THE PETITIONER, DATED 1/07/2024 Exhibit P4 TRUE COPY OF THE PAY-IN-SLIPS REGARDING THE PAYMENTS MADE BY THE HUSBAND OF THE PETITIONER, DATED 31/07/2024 Exhibit P5 TRUE COPY OF THE PAY-IN-SLIPS REGARDING THE PAYMENTS MADE BY THE HUSBAND OF THE PETITIONER, DATED 31/08/2024 Exhibit P6 TRUE COPY OF THE PAY-IN-SLIPS REGARDING THE PAYMENTS MADE BY THE HUSBAND OF THE PETITIONER, DATED 3/10/2024 Exhibit P7 TRUE COPY OF THE REGISTRATION CARD OF THE HUSBAND OF THE PETITIONER, DATED 29/12/202 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER, DATED 10/03/2025