Kerala High Court
Salim T M vs The Kerala Gramin Bank, Rep By The Branch ... on 17 July, 2025
WP(C) NO. 26232 OF 2025
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2025:KER:52957
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. 26232 OF 2025
PETITIONER:
SALIM T M,
AGED 48 YEARS
S/O MUHAMMED, RESIDING AT THOTTALIL HOUSE,
WEST VENGOLA.P.O.,
ERNAKULAM DISTRICT, PIN - 683556
BY ADVS.
SRI.ELDHO PAUL
SMT.TESSY JOSE
RESPONDENTS:
1 THE KERALA GRAMIN BANK, REP BY THE BRANCH MANAGER,
PERUMBAAVOOR BRANCH,COURT JUNCTION,MC ROAD PO,
PERUMBAVOOR ERNAKULAM, PIN - 683542
2 THE AUTHORISED OFFICER,
KERALA GRAMIN BANK, COASTAL TOWERS,
SAMSKARA JUNCTION,PIPELINE ROAD,
PALARIVATTOM ,COCHIN, PIN - 682025
OTHER PRESENT:
SRI. JAWAHAR JOSE, 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. 26232 OF 2025
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MOHAMMED NIAS C.P, J.
========================
W.P.(C) No. 26232 of 2025
========================
Dated this the 17th day of July, 2025
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 accounts.
3. The learned Standing Counsel for the respondent Bank
submits that the overdue amount concerning two housing loans comes
to Rs.2,55,860/- (Rupees two lakhs fifty five thousand eight hundred
and sixty only) as on 17.07.2025. There are two other loans of which the
closure amount is Rs.2,82,806/- (Rupees two lakhs eight two thousand
eight hundred and six only), thus totalling Rs.5,38,999/- (Rupees Five
lakhs thirty eight thousand nine hundred and ninety nine only). This
WP(C) NO. 26232 OF 2025
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is recorded.
4. Given the above, the petitioner can be granted an
opportunity to repay the total amount stated above on the following
conditions, and if they are met, to have the loan accounts regularised.
1. The petitioner shall pay a sum of Rs.1,00,000/- (Rupees one
lakh only) on or before 16.08.2025.
2. The balance amount, 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. Petitioner shall continue to pay the regular EMIs /
instalments of the housing loans 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 petitioner 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. 26232 OF 2025
2025:KER:52957
APPENDIX OF WP(C) 26232/2025
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE POSSESSION NOTICE ISSUED
BY THE 2ND RESPONDENT DATED 22.04.2025 ALONG
WITH TYPED COPY
EXHIBIT P2 A TRUE COPY OF THE AUCTION NOTICE SHOWING
AUCTION DATE 15.07.2025 ISSUED BY THE 2ND
RESPONDENT
// True Copy // PA To Judge
