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2025:KER:29790 WP(C) NO. 14215 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. 14215 OF 2025 PETITIONER/S:
PRAVEEN KUMAR A.,AGED 56 YEARS S/O. APPUKUTTAN PILLAI, PRADEEP BHAVAN, KURIYILUM MUKAL, KARAVALOOR P.O., ANCHAL, KOLLAM, PIN - 691333 BY ADV V.A.VINOD RESPONDENT/S: 1 STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, KARAVALOOR BRANCH, KEERTHI BUILDING, KARAVALOOR, KOLLAM, PIN - 691333 2 AUTHORISED OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, KOTARAKKARA, KOLLAM, PIN - 691506 SMT. LAKSHMY S., 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:29790 WP(C) NO. 14215 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 liability in instalments. 3. Learned Standing Counsel appearing for the respondent bank submits that the petitioner along with his mother availed a loan from the respondent bank and committed default in repayment. It is also submitted that regularisation is not possible. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept the repayment of the outstanding amount in limited instalments. According to the learned Standing Counsel appearing for the respondent, as on 07.04.2025, balance amount which is liable to be repaid is Rs.4,64,000/- (Rupees Four lakh and sixty four thousand only). 2025:KER:29790 WP(C) NO. 14215 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 outstanding amount of Rs.4,64,000/- (Rupees Four lakh and sixty four thousand only) along with accrued interest, cost and charges in twelve instalments. 5.
Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.4,64,000/- (Rupees Four lakh and sixty four thousand only) along with any accrued interest, cost and bank charges from the petitioner in the following manner: (i) The petitioner shall pay the outstanding amount of Rs.4,64,000/- (Rupees Four lakh and sixty four thousand only) in twelve equated monthly instalments along with any accrued interest, charges and costs; (ii) The first instalment shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 05th day of the succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
2025:KER:29790 WP(C) NO. 14215 OF 2025 4 (iv)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:29790 WP(C) NO. 14215 OF 2025 5 APPENDIX OF WP(C) 14215/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE NOTICE DATED 14.01.2025 ISSUED BY THE RESPONDENT BANK Exhibit P-2 TRUE COPY POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK DATED 03.04.2025