Kerala High Court
Aravinda Charitable Society vs South Indian Bank on 22 August, 2025
2025:KER:63906
WP(C) No. 23724 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
WP(C) NO. 23724 OF 2025
PETITIONERS:
1 ARAVINDA CHARITABLE SOCIETY,
REPRESENTED BY ITS SECRETARY,
ANIKKAD. P.O., PALLIKKATHODU,
KOTTAYAM, PIN-686503
2 PRESIDENT,
ARAVINDA CHARITABLE SOCIETY,
ANIKKAD P.O.,PALLIKKATHODU,
KOTTAYAM, PIN-686503
BY ADVS.
SRI.M.NARENDRA KUMAR
SMT.HARSHADEV M.
SRI.K.C.HARISH
SMT.ARCHANA SURESH
RESPONDENTS:
1 SOUTH INDIAN BANK,
KANJIKUZHI BRANCH,KOTTAYAM, PIN-686004
REPRESENTED BY BRANCH MANAGER
2 DEPUTY GENERAL MANAGER,
SOUTH INDIAN BANK, REGIONAL OFFICE,
KOTTAYAM, PIN-686004
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WP(C) No. 23724 of 2025
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3 AUTHORIZED OFFICER,
SOUTH INDIAN BANK,
1ST FLOOR, REGENCY SQUARE, K.K. ROAD,
COLLECTORATE P.O, KOTTAYAM, PIN-686004
ADV. P.A. AUGUSTINE(AREEKATTEL), STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:63906
WP(C) No. 23724 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 23724 of 2025
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Dated this the 22nd day of August, 2025
JUDGMENT
The petitioners, defaulted borrowers from the respondent
bank, are challenging proceedings under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act initiated by the respondent Bank for recovery of the
amounts due.
2. During the hearing, the petitioners 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 petitioners committed default in repayment of the loan, and
the total overdue amount as on 21.08.2025 is Rs. 2,19,07,184/-
(Rupees two crores nineteen lakhs seven thousand one hundred
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and eighty 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 regularise the loan
account. This is recorded.
4. Given the above, the petitioners 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.
(i) The petitioners shall pay a sum of Rs. 30,00,000/- (Rupees
thirty lakhs only) on or before 22.09.2025.
(ii) The balance overdue, along with any accrued interest,
costs, and charges, if any, shall be paid in 6 equal monthly
instalments starting from 22 October 2025, and subsequent
instalments shall be paid on or before the 22nd day of every
succeeding month.
(iii) Petitioners shall continue to pay the regular EMIs /
instalments along with the instalments directed above.
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(iv) In the event of default of any one instalment, the
respondent Bank shall be entitled to proceed in accordance
with law;
(v) All coercive proceedings shall be kept in abeyance to
enable the petitioners to repay the entire amount directed
above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 23724/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF CERTIFICATE OF
REGISTRATION DATED 11.05.1994
Exhibit P1(a) ORIGINAL PHOTOGRAPHS OF THE SCHOOL OF
THE PETITIONERS
Exhibit P2 TRUE COPY OF THE ANNUAL REPORT OF THE
SCHOOL FOR THE ACADEMIC YEAR 2024-2025
Exhibit P3 TRUE COPY OF THE SANCTION LETTER OF
CREDIT FACILITY ISSUED BY THE 1ST
RESPONDENT DATED 27.12.2019 ALONG WITH
TYPED COPY
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE
1ST PETITIONER DATED 13.07.2021
Exhibit P5 TRUE COPY OF E-MAIL COMMUNICATION SENT
BY THE 1ST RESPONDENT DATED 22.06.2022
Exhibit P6 TRUE COPY OF THE LETTER ISSUED FROM THE
HEAD OFFICE OF THE 1ST RESPONDENT
DEMANDING THE 1ST PETITIONER TO PAY
OVERDUE AMOUNTS TO REGULARIZE THE
DEFAULTED LOANS IN VARIOUS LOAN
ACCOUNTS OF THE PETITIONERS DATED
23.07.2021
Exhibit P6(a) TRUE COPY OF THE LETTER ISSUED FROM THE
HEAD OFFICE OF THE 1ST RESPONDENT
DEMANDING THE 1ST PETITIONER TO PAY
OVERDUE AMOUNTS TO REGULARIZE THE
DEFAULTED LOANS IN VARIOUS LOAN
ACCOUNTS OF THE PETITIONERS DATED
23.07.2021
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Exhibit P6(b) TRUE COPY OF THE LETTER ISSUED FROM THE
HEAD OFFICE OF THE 1ST RESPONDENT
DEMANDING THE 1ST PETITIONER TO PAY
OVERDUE AMOUNTS TO REGULARIZE THE
DEFAULTED LOANS IN VARIOUS LOAN
ACCOUNTS OF THE PETITIONERS DATED
24.07.2021
Exhibit P6(c) TRUE COPY OF THE LETTER ISSUED FROM THE
HEAD OFFICE OF THE 1ST RESPONDENT
DEMANDING THE 1ST PETITIONER TO PAY
OVERDUE AMOUNTS TO REGULARIZE THE
DEFAULTED LOANS IN VARIOUS LOAN
ACCOUNTS OF THE PETITIONERS DATED
22.07.2021
Exhibit P6(d) TRUE COPY OF THE LETTER ISSUED FROM THE
HEAD OFFICE OF THE 1ST RESPONDENT
DEMANDING THE 1ST PETITIONER TO PAY
OVERDUE AMOUNTS TO REGULARIZE THE
DEFAULTED LOANS IN VARIOUS LOAN
ACCOUNTS OF THE PETITIONERS DATED
23.07.2021
Exhibit P7 TRUE COPY OF THE REGISTERED NOTICE
HAVING REFERENCE NO. RO-
KTM/0315/REG/SH/16905/24-25, DATED
04.12.2024
Exhibit P8 TRUE COPY OF THE POSSESSION NOTICE
ISSUED UNDER SECTION 13 (4) WITH REF:
RO-KTYM- REC/GEN/ 1645/202 DATED
14.03.2025 ALONG WITH A DESCRIPTION OF
THE IMMOVABLE PARTY
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT UNDER SECTION 13(8) OF
THE ACT DATED 18.03.2025
Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE
2ND PETITIONER TO THE RESPONDENTS DATED
25.03.2025
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Exhibit P11 TRUE COPY OF THE LETTER ISSUED BY THE
ADVOCATE COMMISSIONER DATED 09.06.2025
Exhibit P12 TRUE COPY OF THE LETTER SHOWING THE
DETAILS OF REMITTANCE OF AMOUNT AND
CORRESPONDING DATE IN SOUTH INDIAN BANK
SAVINGS ACCOUNT WITH BANK ACCOUNT
NUMBER DATED:28-07-2025
