Kerala High Court
Santha .G,W/O Anil Kumar vs State Bank Of India Rasmec, Represented ... on 23 August, 2025
WP(C) NO. 31289 OF 2025 1
2025:KER:64208
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WP(C) NO. 31289 OF 2025
PETITIONER:
SANTHA.G,
W/O ANIL KUMAR,
AGED 65 YEARS
SANTHA BHAVAN,PERUMPUZHA POST, DARA,
KOLLAM, PIN - 691504
BY ADV SRI.K.PREMKRISHNA NAIR
RESPONDENTS:
1 STATE BANK OF INDIA RASMEC, REPRESENTED BY CHIEF
MANAGER(MAINTENANCE),
RASMEC, STATE BANK OF INDIA, KOTTARAKKARA,
KOLLAM, PIN - 691506
2 CHIEF MANAGER (MAINTENANCE),
STATE BANK OF INDIA RASMEC, KOTTARAKKARA,
KOLLAM, PIN - 691506
OTHER PRESENT:
SRI. TOM K. THOMAS, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 31289 OF 2025 2
2025:KER:64208
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 22.08.2025 is Rs.5,67,000/- (Rupees five
lakhs sixty seven thousand 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.
2025:KER:64208
(i) The petitioner shall pay a sum of Rs.1,50,000/-(Rupees
one lakh fifty thousand only) on or before 25.09.2025.
(ii) The balance overdue, along with any accrued interest,
costs, and charges, if any, shall be paid in 10 equal monthly
instalments starting from 25 October 2025, and subsequent
instalments shall be paid on or before the 25 th 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
Anu
2025:KER:64208
APPENDIX OF WP(C) 31289/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE NOTICE
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DTD.1ST DAY OF FEBRUARY
2024.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE NOTICEISSUED
BY THE ADVOCATE COMMISSIONER TO THE
PETITIONER DTD.8TH DAY OF AUGUST 2025.
