Kerala High Court
Ammad Nadukkandiyil vs The Authorized Officer on 6 October, 2025
WP(C) NO. 35698 OF 2025 1 2025:KER:73244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 6th DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
WP(C) NO. 35698 OF 2025
PETITIONER:
AMMAD NADUKKANDIYIL, AGED 48 YEARS,
S/O AVULLA, NADUKKANDIYIL NITTOOR,
KUTTIADI KAKKATTIL, KOZHIKODE, PIN - 673507
BY ADV SRI.M.R.SASITH
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
CANARA BANK, BADAGARA MAIN BRANCH,
AMBIKA BUILDING, NEAR OLD BUS STAND, BADAGARA,
KOZHIKODE, PIN - 673101
2 CANARA BANK,
BADAGARA MAIN BRANCH, AMBIKA BUILDING,
NEAR OLD BUS STAND,BADAGARA, KOZHIKODE,
REPRESENTED BY IT'S AUTHORIZED OFFICER,
PIN - 673101
SRI. M. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 35698 OF 2025 2 2025:KER:73244
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 housing loan, and the total overdue amount as on 06.10.2025 is Rs.2,90,000/- (Rupees two lakhs ninety thousand 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. WP(C) NO. 35698 OF 2025 3 2025:KER:73244
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.
(i) The petitioner shall pay a sum of Rs.30,000/- (Rupees thirty thousand only) on or before 05.11.2025.
(ii) The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 8 equal monthly instalments starting from 5th December 2025, and subsequent instalments shall be paid on or before the 5 th 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;
WP(C) NO. 35698 OF 2025 4 2025:KER:73244
(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 DMR/-
WP(C) NO. 35698 OF 2025 5 2025:KER:73244 APPENDIX OF WP(C) 35698/2025 PETITIONER'S EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 25.08.2025 ISSUED BY THE RESPONDENT BANK ALONG WITH THE TYPED COPY.
// TRUE COPY // P.A. TO JUDGE