Kerala High Court
Wilson M R vs The Bank Manager on 23 August, 2025
WP(C) NO. 31581 OF 2025 1
2025:KER:64206
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. 31581 OF 2025
PETITIONER:
WILSON M R,
AGED 55 YEARS
S/O.RAPPAI,MANJAPRA HOUSE,VELLIKULANGARA,
VELLIKULANGARA P.O,THRISSUR, PIN - 680699
BY ADVS.
SMT.K.RAJESWARY
SHRI.ANIL PRABHA.K
SMT.ALEENA ANABELLI A.
SMT.HARIPRIYA G.
SMT.SURYA V.
SMT.NAVYA SUNNY
RESPONDENTS:
1 THE BANK MANAGER,
YES BANK LTD.,39/4162 SHEMA BUILDING,MG
ROAD,RAVIPURAM,KOCHI, PIN - 682016
2 THE AUTHORIZED OFFICER,
YES BANK LTD.,39/4162 SHEMA BUILDING,MG ROAD,
RAVIPURAM,KOCHI, PIN - 682016
BY ADVS.
SHRI.P.PAULOCHAN ANTONY
SHRI.SREEJITH K.
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. 31581 OF 2025 2
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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 23.08.2025 is Rs.3,95,804/- (Rupees
three lakhs ninety five thousand eight hundred and 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 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:64206
(i) The petitioner shall pay a sum of Rs.1,00,000/-(Rupees
one lakh 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:64206
APPENDIX OF WP(C) 31581/2025
PETITIONER EXHIBITS
Exhibit-P 1 A TRUE COPY OF THE LOAN DETAILS ISSUED
BY THE 1ST RESPONDENT DATED 30TH AUGUST
Exhibit -P2 A TRUE COPY OF THE NOTICE DATED
18.11.2024
