Kerala High Court
Vishnupriya vs The Authorized Officer on 18 July, 2025
WP(C) NO. 26118 OF 2025 1
2025:KER:53521
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 26118 OF 2025
PETITIONER:
VISHNUPRIYA,
AGED 38 YEARS
D/O. SUPRIYA, VARUVILA VEEDU, PLACHIRA. P.O.,
CHIRAKKARA THAZHAM CHERRY, KOLLAM DISTRICT, PIN -
691578
BY ADVS.
SHRI.B.N.HASKAR
SRI.B.K.GOPALAKRISHNAN
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
THE KERALA STATE CO-OPERATIVE BANK, (KERALA BANK),
PARAVOOR BRANCH, CHATHANNOOR, KOLLAM DISTRICT, PIN -
691572
2 THE BRANCH MANAGER,
PARAVOOR BRANCH,THE KERALA STATE CO-OPERATIVE
BANK,(KERALA BANK), PARAVOOR, P O, KOLLAM, PIN -
691572
3 ADV MAHAZOOMA N,
ADVOCATE COMMISSIONER, PARAVUR BUILDINGS, EAST OF
COLLECTORATE, KOLLAM DISTRICT, PIN - 691013
SRI. P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26118 OF 2025 2
2025:KER:53521
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 account.
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. 8,18,708/- (Rupees eight lakh eighteen thousand seven hundred and eight 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 account. 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 account regularised. WP(C) NO. 26118 OF 2025 3
2025:KER:53521
(i) The petitioner shall pay a sum of Rs. 3,00,000/- (Rupees three lakh only) on or before 18.08.2025.
(ii) The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 12 equal monthly instalments starting from 18 September 2025, and subsequent instalments shall be paid on or before the 18th day of every succeeding month.
(iii) Petitioner shall continue to pay the regular EMIs / 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) 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 lsn WP(C) NO. 26118 OF 2025 4 2025:KER:53521 APPENDIX OF WP(C) 26118/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT BANK DATED 05/10/2023 Exhibit P2 A TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ADVOCATE COMMISSIONER FOR THE 1ST RESPONDENT BANK DATED 21-05-2025