Kerala High Court
Jayakumar K.P vs State Of Kerala on 23 July, 2025
WP(C) NO. 25742 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 25742 OF 2025
PETITIONERS:
1 JAYAKUMAR K.P.,
AGED 49 YEARS
S/O CHANDUKUTTY, PARAKLAYI HOUSE,
KALIKKADAVU POST, PARAKLAYI P.O,
KASARAGOD, PIN - 671531
2 KARTHYAYANI K.P.,
AGED 72 YEARS
W/O CHANDUKUTTY, PARAKLAYI HOUSE,
KALIKKADAVU POST, PARAKLAYI ,
KASARAGOD, PIN - 671531
BY ADVS.
SHRI.SUVIN.R.MENON
SMT.PARSHATHY S.R.
SHRI.ACHUTH KRISHNAN R.
SMT.CRISTY THERASA SURESH
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF CO-OFFICE OF THE REGISTRAR OF CO-
OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695014
2 REGISTRAR OF COOPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES,JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 KERALA STATE CO-OPERATIVE BANK,
AMBALATHARA BRANCH, ERIYA POST,
KASARGOD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 671531
WP(C) NO. 25742 OF 2025
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4 AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK,
AMBALATHARA BRANCH, ERIYA POST,
KASARGOD DISTRICT, PIN - 671531
5 DEPUTY TAHSILDAR,
VELLARIKUNDU TALUK, VELLARIKUNDU,
VELLARIKUNDU POST, KASARAGOD, PIN - 671533
6 HOSDURG TALUK, LEGAL SERVICE AUTHORITY,
HOSDURG, KANHANGAD POST, KASARAGOD DISTRICT,
REPRESENTED BY ITS SERCRETARY, PIN - 671315
BY ADV SHRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25742 OF 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.25742 of 2025
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Dated this the 23rd 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. It was submitted on behalf of the respondent Bank that the
petitioners committed default in repayment of the loan, and the total
overdue amount is Rs.3,68,126/- (Rupees three lakhs sixty eight
thousand one hundred and twenty six 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
accounts. This is recorded.
WP(C) NO. 25742 OF 2025
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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.
1. The petitioners shall pay a sum of Rs.1,00,000/- (Rupees one
lakh only) on or before 22.08.2025.
2. The balance overdue, along with any accrued interest, costs,
and charges, if any, shall be paid in 6 equal monthly instalments
starting from 20th September 2025, and subsequent instalments shall be
paid on or before the 20th 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.
6. It will be open to the petitioners to approach the bank with
a proposal for settling the loan under the one time settlement scheme,
which the bank will consider in terms of the regularisation in force.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 25742 OF 2025
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APPENDIX OF WP(C) 25742/2025
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE DATED
11.10.2023 ISSUED UNDER SECTION 7 OF THE
REVENUE RECOVERY ACT
EXHIBIT P2 A TRUE COPY OF THE NAVAKERALEEYAM KUDISSIKA
NIVARANA ONE TIME SETTLEMENT SCHEME, 2025
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 08.01.2025
ISSUED BY THE BRANCH MANAGER OF THE 3RD
RESPONDENT BANK
EXHIBIT P4 A TRUE COPY OF THE CIRCULAR NO. 14/2025 DATED
31.03.2025 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE NO.
KB/AMBL/SARFAESI-85/25-26 DATED 10.04.2025
ISSUED BY THE 4TH RESPONDENT UNDER SECTION
13(2) OF SARFAESI ACT
EXHIBIT P6 A TRUE COPY OF THE PETITION DATED 21.04.2025
FILED BY THE 2ND PETITIONER BEFORE THE
CHAIRMAN OF THE HOSDURG TALUK LEGAL SERVICE
AUTHORITY
EXHIBIT P7 A TRUE COPY OF THE REPLY DATED 17.05.2025,
SUBMITTED BY THE COUNSEL FOR THE PETITIONER
BEFORE THE 3RD RESPONDENT BANK
EXHIBIT P8 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD
EVIDENCING THE ACKNOWLEDGMENT OF EXHIBIT P7
REPLY
EXHIBIT P9 A TRUE COPY OF THE LETTER NO.
KB/KSD/CPC/2025-26 DATED 13.06.2025
EXHIBIT P10 A TRUE COPY OF THE LETTER NO.
KB/KNR/RO/LEGAL/2025-26 DATED 23.06.2025
EXHIBIT P11 A TRUE COPY OF THE ASSET BASED SEARCH REPORT
AS DOWNLOADED FROM THE WEBSITE OF CENTRAL
REGISTRY OF SECURITISATION ASSET
RECONSTRUCTION AND SECURITY INTEREST OF INDIA
// True Copy // PA To Judge
