Kerala High Court
Nabeesa Beevi.M.M vs The Kerala Bank on 13 February, 2025
2025:KER:12013
WP(C) NO. 5892 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 5892 OF 2025
PETITIONER/S:
1 NABEESA BEEVI.M.M,AGED 72 YEARS
W/O. UMMIKUTTY, PULLOLIL KAROTTU HOUSE,
KANGAZHA P.O., PATHANADU,
KOTTAYAM DISTRICT, PIN - 686541
2 MUHAMMAD NAJEEM,AGED 39 YEARS
S/O UMMIKUTTY, PULLOLIL KAROTTU HOUSE,
KANGAZHA P.O. PATHANADU,
KOTTAYAM DISTRICT, PIN - 686541
BY ADVS.
K.N.RADHAKRISHNAN(THIRUVALLA)
CIRIL.T.EAPEN
RESPONDENT/S:
1 THE KERALA BANK,REGIONAL BANK KOTTAYAM,
( FORMERLY KOTTAYAM DISTRICT CO-OPERATIVE BANK)
KUMMANAM, THAZHATHANGADI,
KOTTAYAM P.O, KOTTAYAM DISTRICT
REPRESENTED BY REGIONAL MANAGER, PIN - 686001
2 THE KERALA BANK,
(FORMERLY KOTTAYAM DISTRICT CO-ORPERATIVE BANK),
PATHANADU BRANCH, KANGAZHA P.O.,
CHANGANNASSERY, KOTTAYAM DISTRICT,
REPRESENTED BY ITS MANAGER, PIN - 686541
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WP(C) NO. 5892 OF 2025 2
3 THE AUTHORIZED OFFICER,
THE KERALA STATE CO OPERATIVE BANK LTD,
PATHANADU BRANCH, KANGAZHA P.O.,
CHANGANNASSERY,
KOTTAYAM DISTRICT, PIN - 686541
BY ADVS.
ATHUL SHAJI
GAUTHAM H.
ANJALY T.A
SRI. ATHUL SHAJI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 5892 OF 2025 3
JUDGMENT
Petitioners availed two credit facilities from the
respondent bank. Petitioners have approached this Court
challenging proceedings initiated by the respondent Bank
under the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 for recovery of the amounts due
from the petitioners in respect of these loans.
2. When this matter is taken up for consideration
today, petitioners have confined the relief to an opportunity
for repaying the defaulted amounts in instalments and to
obtain regularisation of the loan accounts.
3. Learned counsel appearing for the respondent
bank submits that the petitioners availed two ordinary loans
from the respondent bank and committed default in
repayment. It is submitted that, in respect of the first
loan availed by the petitioners, regularization is not possible
as the tenure of the loan has been expired in the year 2023
itself. It is submitted that, the entire outstanding amount
dues of Rs.2,81,564/- (Rupees Two lakhs eighty one
thousand five hundred and sixty four only) in respect of the
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said loan has to be paid. It is further submitted that, in
respect of the latter loan availed by the petitioners, the
term is upto 2028 and the the petitioners can be allowed to
regularise the same by paying the overdue amount in
limited instalments. It is submitted that, the overdue
amount, in respect of the said loan is Rs.7,81,543/- (Rupees
Seven lakhs eighty one thousand five hundred and forty
three only).
4. Having regard to the circumstances of the case
and the submissions made as recorded above, I am of the
view that in respect of one of the ordinary loans (in which
regularization is possible), the petitioners can be granted an
opportunity to repay the overdue amount in twelve
instalments and thereafter, if the amount so directed is
repaid within the time as directed above, to have the loan
account regularised. In respect of the latter loan account
(where regularization is not possible) availed by the
petitioners, I am of the view that the petitioners can be
granted an opportunity to repay the outstanding amount in
eight instalments.
5. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire
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outstanding amount of Rs.2,81,564/- (Rupees Two lakhs
eighty one thousand five hundred and sixty four only) along
with any accrued interest and bank charges from the
petitioners in the following manner:-
(i) The entire outstanding amount of Rs.2,81,564/- (Rupees
Two lakhs eighty one thousand five hundred and sixty four
only) shall be repaid in eight equated monthly instalments
along with any accrued interest/costs;
(ii) The first instalment shall be paid on or before 28.02.2025
and the subsequent instalments shall be paid on or before
the last working day of the succeeding months;
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with the law;
(iv) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
6. In respect of the latter loan account, (where
regularization is possible), there will be a direction to the
respondent bank to accept repayment of the entire overdue
amount of Rs.7,81,543/- (Rupees Seven lakhs eighty one
thousand five hundred and forty three only) along with any
accrued interest/bank charges from the petitioners in twelve
equal monthly instalments and regularise the loan account
of the petitioner in the following manner:
(i) The overdue amount of Rs.7,81,543/- (Rupees Seven
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lakhs eighty one thousand five hundred and forty three only)
along with any accrued interest and charges shall be repaid
in twelve equated monthly instalments;
(ii)The first instalment shall be paid on or before 28.02.2025
and the subsequent instalments shall be paid on or before
the last working day day of each succeeding month;
(iii) Petitioners shall continue to pay the regular 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) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
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APPENDIX OF WP(C) 5892/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF BANK STATEMENT OF FIRST
PETITIONER'S LOAN ACCOUNT OF 132660357001488
FROM 17.02.2018 TO 31.12.2021
Exhibit P2 THE TRUE COPY OF BANK STATEMENT OF SECOND
PETITIONER'S LOAN ACCOUNT OF132660357001643
FROM 27.12.2018 TO 31.12.2021
Exhibit P3 THE TRUE COPY OF NOTICE ISSUED BY THE
AUTHORIZED OFFICER OF THE RESPONDENT BANK
DATED 10.10.2024
