Kerala High Court
Hisham .M.H vs M/S Indusind Bank Ltd on 26 August, 2025
2025:KER:65402
WP(C) NO.29666 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WP(C) NO. 29666 OF 2025
PETITIONER/S:
HISHAM .M.H.,
AGED 37 YEARS
S/O. HASSAN,MOLATH(H),KUNJUKULAM ,
EANGAPUZHA,PUTHUPPADI P.O, KOZHIKODE, PIN - 673586
BY ADV SRI.V.HARIKRISHNAN
RESPONDENT/S:
1 M/S INDUSIND BANK LTD.,
NEW NO.34 , G.N CHETTY ROAD,T.NAGAR, CHENNAI,REP BY
DEPUTY MANAGER INDUSIND BANK, MARINA REGENCY,II ND
FLOOR , YMCA CROSS ROAD,KOZHIKODE, PIN - 673001
2 AUTHORISED OFFICER,
INDUSIND BANK, MARINA REGENCY,II ND FLOOR , YMCA
CROSS ROAD,KOZHIKODE, PIN - 673001
BY ADV SHRI.VARGHESE C.KURIAKOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:65402
WP(C) NO.29666 OF 2025
2
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 26.08.2025 after giving credit to the payments made as per the interim order passed by this Court is Rs.1,37,117/- (Rupees one lakh thirty seven thousand one hundred and seventeen 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 2025:KER:65402 WP(C) NO.29666 OF 2025 3 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.25,000/- (Rupees twenty five thousand only) on or before 26.09.2025.
(ii) The balance overdue, along with any accrued interest, costs, and charges, if any, shall be paid in 10 equal monthly instalments starting from 27 October 2025, and subsequent instalments shall be paid on or before the 27th 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 JJ 2025:KER:65402 WP(C) NO.29666 OF 2025 4 APPENDIX OF WP(C) 29666/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 05.06.2025 IN C.M.P 1596/2025 BEFOE THE LEARNED CHIEF JUDICIAL MAGISTRATE, KOZHIKODE