Vishnupriya vs The Authorized Officer
2025 Latest Caselaw 1178 Ker

Kerala High Court

Vishnupriya vs The Authorized Officer on 18 July, 2025

WP(C) NO. 26118 OF 2025                  1




                                                    2025:KER:53521

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947

                       WP(C) NO. 26118 OF 2025


PETITIONER:

            VISHNUPRIYA,
            AGED 38 YEARS
            D/O. SUPRIYA, VARUVILA VEEDU, PLACHIRA. P.O.,
            CHIRAKKARA THAZHAM CHERRY, KOLLAM DISTRICT, PIN -
            691578


            BY ADVS.
            SHRI.B.N.HASKAR
            SRI.B.K.GOPALAKRISHNAN


RESPONDENTS:

    1       THE AUTHORIZED OFFICER,
            THE KERALA STATE CO-OPERATIVE BANK, (KERALA BANK),
            PARAVOOR BRANCH, CHATHANNOOR, KOLLAM DISTRICT, PIN -
            691572

    2       THE BRANCH MANAGER,
            PARAVOOR BRANCH,THE KERALA STATE CO-OPERATIVE
            BANK,(KERALA BANK), PARAVOOR, P O, KOLLAM, PIN -
            691572

    3       ADV MAHAZOOMA N,
            ADVOCATE COMMISSIONER, PARAVUR BUILDINGS, EAST OF
            COLLECTORATE, KOLLAM DISTRICT, PIN - 691013


             SRI. P.C. SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26118 OF 2025                 2




                                                     2025:KER:53521

                             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 17.07.2025 is Rs. 8,18,708/- (Rupees eight lakh

eighteen thousand seven hundred and eight 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:53521

(i) The petitioner shall pay a sum of Rs. 3,00,000/- (Rupees three lakh only) on or before 18.08.2025.

(ii) The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 12 equal monthly instalments starting from 18 September 2025, and subsequent instalments shall be paid on or before the 18th 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 lsn

2025:KER:53521

APPENDIX OF WP(C) 26118/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT BANK DATED 05/10/2023 Exhibit P2 A TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ADVOCATE COMMISSIONER FOR THE 1ST RESPONDENT BANK DATED 21-05-2025