Kerala High Court
She'S Baker, Represented By Its ... vs Bank Of Baroda,Represented By It ... on 17 July, 2025
WP(C) NO. 26247 OF 2025
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2025:KER:52956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 26247 OF 2025
PETITIONERS:
1 SHE'S BAKER, REPRESENTED BY ITS PROPRIETOR ANISHA
POULOSE,
AGED 41 YEARS
DOOR NO.VII/39A,KOLANCHERY, GOVT.L.P.SCHOOL,
THEKKUMBHAGOM, ERNAKULAM, PIN - 683580
2 ANISHA POULOSE,
W/O VARGHESE.K.D, AGED 41 YEARS, KOLANCHERY
HOUSE,THEKKUMBHAGOM, SREEMOOLANAGARM,
ALUVA, ERNAKULAM, PIN - 683580
BY ADVS.
SMT.SHIBI.K.P.
SRI.C.K.SUNIL
SMT.VIDYA K.G.
RESPONDENTS:
1 BANK OF BARODA,REPRESENTED BY IT AUTHORISED OFFICER
SUJITH.S.,
SREEMOOLANAGARAM BRANCH,CHRIST TOWER,
RAJAGIRI CHURCH, NEAR CHRIST THE KING CHURCH RAJAGIRI,
SREEMOOLANAGARAM, ALUVA, ERNAKULAM, PIN - 683580
2 THE AUTHORISED OFFICER,
BANK OF BARODA, SREEMOOLANAGARAM BRANCH,
CHRIST TOWER, RAJAGIRI CHURCH,
NEAR CHRIST THE KING CHURCHRAJAGIRI,
SREEMOOLANAGARAM, ALUVA, ERNAKULAM, PIN - 683580
OTHER PRESENT:
WP(C) NO. 26247 OF 2025
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SRI. NAGARAJ NARAYANAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26247 OF 2025
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MOHAMMED NIAS C.P., J.
==================================
W.P.(C) No.26247 of 2025
==================================
Dated this the 17th day of July, 2025
JUDGMENT
The petitioners, defaulted borrowers from the respondent
bank, are challenging proceedings under the SARFAESI 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 accounts.
3. The learned Standing Counsel for the respondent Bank
submits that if the petitioners have to pay an amount of Rs.6,80,000/-
(Rupees six lakhs eighty thousand only), to 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 accounts regularised.
WP(C) NO. 26247 OF 2025
2025:KER:52956
1. The petitioners shall pay a sum of Rs.2,00,000/- (Rupees two
lakhs only) on or before 16.08.2025.
2. The balance overdue, along with any accrued interest, costs,
and charges, if any, shall be paid in 8 equal monthly instalments
starting from 15th September 2025, and subsequent instalments shall be
paid on or before the 15th day of every succeeding month.
3. Petitioners shall continue to pay the regular EMIs /
instalments along with the instalments directed above.
4. In the event of default of any one instalment, the
respondent Bank shall be entitled to proceed in accordance with the
law;
5. 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
LU
WP(C) NO. 26247 OF 2025
2025:KER:52956
APPENDIX OF WP(C) 26247/2025
PETITIONER EXHIBITS :
EXHIBIT P1 THE CERTIFIED COPY OF M.C.NO. 1249/2024 FILED
ON 31/10/2024 BEFORE THE HON'BLE ACJM
(SPECIAL COURT FOR THE TRIAL OF CRIMINAL
CASES AGAINST SITTING AND FORMER MPS/MLAS OF
THE STATE) ERNAKULAM
// True Copy // PA To Judge
