Kerala High Court
Vinod K vs The Branch Manager on 17 July, 2025
WP(C) NO. 26147 OF 2025
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2025:KER:52954
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 26147 OF 2025
PETITIONER:
VINOD K.,
AGED 36 YEARS
S/O. RAJAMMA, RESIDING AT VALAVIL
KIZHAKKATHIL, PRAKKULAM,
PRAKKULAM.P.O., KOLLAM, PIN - 691602
BY ADV SRI.S.SREEKUMAR (KOLLAM)
RESPONDENTS:
1 THE BRANCH MANAGER,
QUILON CO- OPERATIVE URBAN BANK LTD-NO
Q.960,THRIKKARUVA BRANCH,
KOLLAM DISTRICT, PIN - 691602
2 THE AUTHORIZED OFFICER,
QUILON CO- OPERATIVE URBAN BANK LTD-960,
YMCA ROAD, CHINNAKKADA, KOLLAM, PIN - 691001
OTHER PRESENT:
SRI. D.P. RENU, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26147 OF 2025
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2025:KER:52954
MOHAMMED NIAS C.P, J.
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W.P.(C) No. 26147 of 2025
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Dated this the 17th day of July, 2025
JUDGMENT
The petitioner, a defaulted borrower from the respondent bank, is challenging proceedings under the SARFAESI Act initiated by the respondent Bank for recovery of the amounts due.
2. During the hearing, the petitioner confined the relief to an opportunity to repay the overdue amount in instalments and to obtain regularisation of the loan accounts.
3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the loan, and the total overdue amount as on 17.07.2025 is Rs.1,31,134/- (Rupees one lakh thirty one thousand one hundred and thirty four only). It was 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 overdue amount in limited instalments and WP(C) NO. 26147 OF 2025 3 2025:KER:52954 regularise the loan accounts. This is recorded.
4. Given the above, the petitioner can be granted an opportunity to repay the total overdue amount on the following conditions, and if they are met, to have the loan accounts regularised.
1. The petitioner shall pay a sum of Rs.50,000/- (Rupees fifty thousand only) on or before 16.08.2025.
2. The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 6 equal monthly instalments starting from 15th September 2025, and subsequent instalments shall be paid on or before the 15th day of every succeeding month.
3. Petitioner shall continue to pay the regular EMIs / instalments along with the instalments directed above.
4. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law;
5. All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount directed above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P JUDGE LU WP(C) NO. 26147 OF 2025 4 2025:KER:52954 APPENDIX OF WP(C) 26147/2025 PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 04.07.2025 ISSUED TO THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 10.07.2025 GIVEN TO THE 1ST RESPONDENT // True Copy // PA To Judge