Kerala High Court
Usha vs Kerala State Co-Operative Bank Ltd on 17 July, 2025
WP(C) NO. 26225 OF 2025
1
2025:KER:52955
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. 26225 OF 2025
PETITIONER:
USHA,
AGED 60 YEARS
W/O.KAMALAN,PANDAKASHALATHARA HOUSE,
OACHIRA, ALUMPEEDIKA, KOLLAM, PIN - 690547
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.CHINJU P. JOYIES
SHRI.VINAYAK MANOHARAN P.
SMT.SANJANA S ANAND
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD,
(ERSTWHILE KOLLAM DISTRICT CO-OPERATIVE
BANK),REPRESENTED BY ITS BRANCH MANAGER,
OACHIRA BRANCH, PRABRAHMA DEVESWAM COMPLEX,
OACHIRA P.O., KOLLAM, PIN - 690526
2 SENIOR BRANCH MANAGER,
KERALA STATE CO-OPERATIVE BANK LTD.,
(ERSTWHILE KOLLAM DISTRICT CO-OPERATIVE BANK),
HEAD OFFICE, JILLA BANK TOWERS,
CHINNAKKADA,KOLLAM.P.O., KOLLAM, PIN - 691001
3 AUTHORIZED OFFICER/ AREA MANAGER,
KERALA STATE CO-OPERATIVE BANK LTD.,(KERALA BANK),
KOLLAM,KARUNAGAPPALLY BRANCH, SR BUILDING, LALAGI
JUNCTION, KARUNAGAPPALLY P.O., KOLLAM, PIN - 691518
OTHER PRESENT:
WP(C) NO. 26225 OF 2025
2
2025:KER:52955
SRI. P.C. SASIDHARAN, 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. 26225 OF 2025
3
2025:KER:52955
MOHAMMED NIAS C.P, J.
========================
W.P.(C) No. 26225 of 2025
========================
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.6,11,102/- (Rupees six lakhs eleven thousand one hundred and two 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 regularise the loan WP(C) NO. 26225 OF 2025 4 2025:KER:52955 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 19.07.2025.
2. The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 12 equal monthly instalments starting from 20th August 2025, and subsequent instalments shall be paid on or before the 20th 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. 26225 OF 2025 5 2025:KER:52955 APPENDIX OF WP(C) 26225/2025 PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE ORDER DATED 25.04.2025 IN MC 683/2025 OF THE HON'BLE CJM, KOLLAM EXHIBIT P2 A COPY OF THE NOTICE DATED 05.07.2025 ISSUED BY THE ADVOCATE COMMISSIONER // True Copy // PA To Judge