Kerala High Court
Prabhakaran vs The Kerala State Co-Operative Bank ... on 16 June, 2025
2025:KER:42382
WP(C) NO.21872 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(C) NO. 21872 OF 2025
PETITIONER/S:
1 PRABHAKARAN,
AGED 53 YEARS
S/O.RAMAN, VEPPINGAL THOPPILTHODI HOUSE, LAKKIDI POST,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679301
2 RAJITHA
AGED 42 YEARS
W/O. PRABHAKARAN, VEPPINGAL THOPPILTHODI HOUSE, LAKKIDI
POST, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679301
BY ADVS.
SRI.R.SREEHARI
SHRI.HAMZA A.V.
SMT.APARNA M.P.
RESPONDENT/S:
1 THE KERALA STATE CO-OPERATIVE BANK LIMITED
HEAD OFFICE, COBANK TOWERS, P.B.NO.6515, VIKAS BHAVAN
POST, PALAYAM , THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695033
2 THE KERALA STATE CO-OPERATIVE BANK LIMITED
OTTAPALAM BRANCH, PDC BANK BUILDING, OTTAPALAM POST,
PALAKKAD DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,
PIN - 679101
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3 EXECUTIVE OFFICER/ AUTHORISED OFFICER
THE KERALA STATE CO-OPERATIVE BANK LIMITED, REGIONAL
OFFICE, P.B.NO.21, H.P.O. ROAD, SULTHANPET, PALAKKAD
POST, PALAKKAD DISTRICT, PIN - 678001
4 DISTRICT COLLECTOR
PALAKKAD DISTRICT, CIVIL STATION, COLLECTORATE POST,
PALAKKAD,, PIN - 678001
5 DEPUTY TAHSILDAR
OTTAPALAM TALUK, TALUK OFFICE, OTTAPALAM POST, PALAKKAD
DISTRICT, PIN - 679101
6 VILLAGE OFFICER
LAKKIDI PERUR -2 VILLAGE, OLD LAKKIDI, LAKKIDI POST,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679301
BY ADV SHRI.K.S.ARUN KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No.21872 OF 2025
.......................................................
Dated this the 16th day of June, 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 account.
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 as on 13.06.2025 is Rs.4,27,338/- (Rupees four lakh twenty seven thousand
three hundred thirty 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.
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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 account regularised.
(i) The petitioners shall pay a sum of Rs.75,000/- (Rupees seventy five
thousand only) on or before 30.06.2025.
(ii) The balance overdue, along with any accrued interest, costs, and
charges, if any, shall be paid in 8 equal monthly instalments starting from
30 July 2025, and subsequent instalments shall be paid on or before the 30 th
day of every succeeding month.
(iii) Petitioners 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
petitioners to repay the entire amount directed above.
The writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.21872 OF 2025
APPENDIX OF WP(C) 21872/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 10/01/2025
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER UNDER SECTION 13 (2) OF THE
SECURITISATION AND RECONSTRUCTION OF
FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY
INTEREST ACT,2002
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONERS UNDER SECTION
13(4) OF THE SECURITISATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT,2002
READ WITH RULE 8 (1) OF THE SECURITY INTEREST
(ENFORCEMENT) RULES, 2002
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE WITH RRC
NO.2024/19719/09 DATED 21/05/2025 ISSUED BY
THE 5TH RESPONDENT TO THE PETITIONERS UNDER
SECTION 7 OF THE KERALA REVENUE RECOVERY ACT
Exhibit P4 TRUE COPY OF THE NOTICE PRIOR TO THE
ATTACHMENT OF THE LAND WITH RRC
NO.2024/19719/09 DATED 21/05/2025 ISSUED BY
THE 5TH RESPONDENT TO THE PETITIONERS UNDER
SECTION 34 OF THE KERALA REVENUE RECOVERY ACT
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE WITH RRC
NO.2024/20481/09 DATED 21/05/2025 ISSUED BY
THE 5TH RESPONDENT TO THE PETITIONERS UNDER
SECTION 7 OF THE KERALA REVENUE RECOVERY ACT
Exhibit P6 TRUE COPY OF THE NOTICE PRIOR TO THE
ATTACHMENT OF THE LAND WITH RRC
NO.2024/20481/09 DATED 21/05/2025 ISSUED BY
THE 5TH RESPONDENT TO THE PETITIONERS UNDER
SECTION 34 OF THE KERALA REVENUE RECOVERY ACT
