2025:KER:31375 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 15464 OF 2025 PETITIONER: JUMSHEER T., AGED 37 YEARS, S/O. KAMMAD, THARIYATTU HOUSE, PALATTIPADAM, KOLATHARA, KOZHIKODE, PIN – 673655. BY ADVS. SITHARA HAMZA KIZHAKOOT MUHAMMED HUSSAIN K.A. MARIYA ANTONY BILJY JOHNY INDHU V.M. RESPONDENTS: 1 AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK) RECOVERY DIVISION, P.B. NO. 503, CHALAPPURAM P.O., KOZHIKODE, PIN – 673002. 2 KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK), CHERUVANNUR BRANCH, MISHARIYA BUILDING, CHERUVANNUR, KOZHIKODE DISTRICT, REP BY ITS MANAGER, PIN – 673631. 3 MANAGER, KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK) CHERUVANNUR BRANCH, MISHARIYA BUILDING, CHERUVANNUR, KOZHIKODE DISTRICT, PIN – 673631. WP(C) NO. 15464 OF 2025 2 2025:KER:31375 4 TAHSILDAR, KOZHIKODE TALUK OFFICE (REVENUE RECOVERY), WAYANAD RD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE, PIN – 673020. 5 VILLAGE OFFICER, CHERUVANNOOR VILLAGE OFFICER, CHERUVANNUR, KOLATHARA, KOZHIKODE, PIN – 673655. SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15464 OF 2025 3 2025:KER:31375 JUDGMENT The petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from the petitioner. The petitioner has also received two Revenue Recovery notices from the 4th respondent in respect of the loans availed by the petitioner from the respondent Bank. 2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of two loans and the outstanding amount as on today (10.04.2025) is Rs.12,09,109/- (Rupees twelve lakhs nine thousand one hundred and nine 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 outstanding amount in limited instalments. 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 along with any accrued interest, costs and charges in 15 instalments. 5. Accordingly, there will be a direction to the respondent bank WP(C) NO. 15464 OF 2025 4 2025:KER:31375 to accept repayment of the entire outstanding amount of Rs.12,09,109/- (Rupees twelve lakhs nine thousand one hundred and nine only) along with any accrued interest, costs and charges from the petitioner in the following manner:- (i) The petitioner shall pay the outstanding amount of Rs.12,09,109/- (Rupees twelve lakhs nine thousand one hundred and nine only) along with any accrued interest, costs and charges in 15 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 every 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; (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 DK WP(C) NO. 15464 OF 2025 5 2025:KER:31375 APPENDIX OF WP(C) 15464/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CT SCAN REPORT ISSUED BY DEPT OF RADIODIAGNOSIS, GOVT. MEDICAL COLLEGE, KOZHIKODE DATED 23.02.2023 OF THE PETITIONER’S FATHER KAMMAD. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 01.01.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER UNDER S.13(4) OF THE SARFAESI ACT. Exhibit P3 TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AS TO HIS LOAN A/C NO. 162660496000256. Exhibit P4 TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AS TO HIS LOAN A/C NO. 162660495200146. Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 21.02.2025 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER . Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 21.03.2025 ISSUED BY THE RESPONDENT TO THE PETITIONER UNDER S.13(2) OF THE SARFAESI ACT.