2025:KER:30109 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. 14012 OF 2025 PETITIONER/S: R.NELSON, AGED 65 YEARS S/O. RAZEL, RAZEL COTTAGE, PATTATHANAM P.O., KOLLAM, PIN - 691021 BY ADVS. P.SIVARAJ M.MEHAR FARSANA RESPONDENT/S: 1 KERALA BANK, REPRESENTED BY ITS AUTHORIZED OFFICER, KOLLAM, PIN - 690001 2 AREA MANAGER, KERALA STATE CO-OPERATIVE BANK (KERALA BANK), KOLLAM, PIN - 691001 OTHER PRESENT: 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:30109 W.P.(C)NO.14012 OF 2025 2 JUDGMENT The petitioner had availed a loan from the respondent bank. On default being committed, proceedings have been initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prompting the petitioner to approach this court by filing the above writ petition. 2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in some installments. 3. The learned counsel appearing for the respondent Bank submits that the loan accounts of the petitioner cannot be regularised. It is submitted that as on 06.04.2025, the overdue amount in both the loan accounts together is Rs.11,05,688/-. The bank has no objection in granting some reasonable installments to clear the liabilities provided substantial amount will be paid immediately. 4. Having heard the learned counsel for the petitioner and 2025:KER:30109 W.P.(C)NO.14012 OF 2025 3 the learned Standing counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and considering the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in installments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.11,05,688/- along with interest, bank charges and costs from the petitioner in the following manner: (i) The petitioner shall pay an amount of Rs.1,00,000/- on or before 30.04.2025 and the balance overdue amount together with any accrued interest, bank charges and costs in ten (10) equated monthly instalments; (ii) The first instalment shall be paid on or before 30.05.2025 and subsequent instalments shall be paid on or before the last working day of each succeeding month; 2025:KER:30109 W.P.(C)NO.14012 OF 2025 4 (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. GOPINATH P. JUDGE Scl/ 2025:KER:30109 W.P.(C)NO.14012 OF 2025 5 APPENDIX OF WP(C) 14012/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.03.2025 OF THE CHIEF JUDICIAL MAGISTRATE, KOLLAM IN MC NO.492/2025 Exhibit P2 A TRUE COPY OF THE NOTICE DATED 24.03.2025 ISSUED TO THE PETITIONER BY THE ADVOCATE COMMISSIONER Exhibit P3 TRUE COPY OF MEDICAL TREATMENT RECORDS OF THE PETITIONER