Kerala High Court
Sudheer N.K vs Canara Bank on 29 September, 2025
Author: K. Babu
Bench: K. Babu
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W.P.(C)No.36138 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
WP(C) NO. 36138 OF 2025
PETITIONER:
SUDHEER N.K.,
AGED 40 YEARS,
S/O. SUHARA KAREEM, NADUPARAMBIL (H),
KANAKAKKUNNU, VADAMA P.O., MALA, THRISSUR
DISTRICT, PIN - 680732
BY ADVS.
SHRI.JERRY PETER
SHRI.AKSHAY SANTHOSH
SRI.VINOD S. PILLAI
SMT.NAYANA VARGHESE
SHRI.MOHAMMED THAYIB N.M.
SMT.RIA VARGHESE
SMT.NAMITHA GEORGE
SHRI.DANIEL XAVIER K.A.
SHRI.JOEL JIMMY
RESPONDENTS:
1 CANARA BANK,
BRANCH OFFICE, AL KHAMIS COMPLEX,
NEAR MALA PRIVATE BUS STAND,
K K ROAD, MALA P.O., THRISSUR DISTRICT
REPRESENTED BY ITS AUTHORIZED OFFICER
& BRANCH MANAGER,
PIN - 680732
2 AUTHORIZED OFFICER,
CANARA BANK, BRANCH OFFICE,
AL KHAMIS COMPLEX,
NEAR MALA PRIVATE BUS STAND,
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W.P.(C)No.36138 of 2025
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K K ROAD, MALA P.O.,
THRISSUR DISTRICT,
PIN - 680732
BY ADV.
SRI.M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.36138 of 2025
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K.BABU, J.
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W.P.(C) No.36138 of 2025
---------------------------------------------
Dated this the 29th day of September, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:-
"i. issue writ of certiorari or other appropriate writ or
direction calling for the records leading to Exhibit P4
notice issued by the advocate commissioner with respect
to take the possession of the property having an extent
2.02 ares in Sy.No.349/1 in Kuruvilassery Village,
Chalakudy Taluk where the petitioner and his family is
residing and to quash the same;
ii. issue writ of mandamus or other appropriate writ or
direction to the respondent bank to grant 15 monthly
installments to pay the overdue amount;
iii. dispense with the production of English translation of
vernacular documents;
iv. grant such other reliefs which this Honourable Court
may deem fit and proper in the circumstances of the
case."
2. Heard both sides.
3. The learned Standing Counsel for the respondent
Bank, upon instructions, submits that the Bank is agreeable
to permit the petitioner to remit the overdue amount in
twelve equal monthly instalments.
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4. In the above circumstances, the Writ Petition is
disposed of with the following directions:-
(i) Respondent Bank is directed to
regularize the loan account by accepting
repayment of the entire overdue amount of
Rs.1,93,488/- (Rupees One Lakh Ninety
Three Thousand Four Hundred and Eighty
Eight only) along with Bank charges from
the petitioner.
(ii) The petitioner shall remit the overdue
amount of Rs.1,93,488/- together with any
accrued interest and charges in twelve
equal monthly instalments.
(iii) The first instalment shall be paid on or
before 30.10.2025 and the subsequent
instalments shall be paid on or before the
last working day of every succeeding
month.
(iv) The petitioner shall continue to pay the
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regular EMIs in terms of the contract.
(v) In the event of default of any one
instalment, the respondent Bank is at
liberty to proceed against the petitioner for
recovery of the amount due to the Bank.
(vi) The coercive proceedings initiated
under the SARFAESI Act against the
petitioner shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU
JUDGE
VPK
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APPENDIX OF WP(C) 36138/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RENAL BIOPSY REPORT
OF THE PETITIONER SIGNED BY
DR.SEETHALEKSHMI N.V. OF AMRITA
INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE, ERNAKULAM DATED
09.02.2021
Exhibit P2 THE TRUE COPY OF THE DISCHARGE SUMMARY
OF THE PETITIONER ISSUED BY DR.BABU
FRANCIS OF DEPARTMENT OF NEPHROLOGY,
LISIE HOSPITAL, ERNAKULAM DATED
20.07.2024
Exhibit P3 THE TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY DR. BABU FRANCIS OF LISIE
HOSPITAL ERNAKULAM DATED 11.09.2025
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY
THE ADVOCATE COMMISSIONER IN CRL.M.P.
NO.6508 OF 2025 ON THE FILE OF HON'BLE
CHIEF JUDICIAL MAGISTRATE COURT,
THRISSUR DATED 19.09.2025
Exhibit P5 THE TRUE COPY OF THE STATEMENT OF
ACCOUNT FROM 09.02.2016 TO 31.08.2025 OF
THE PETITIONER'S LOAN ACCOUNT
NO.4562797000203
