IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 9962 OF 2025 PETITIONER/S:

1 SMT. HAFSATH, AGED 63 YEARS W/O. LATE SHRI. UMMAR HAJI, CHOLAMUGHATH HOUSE, THAZHEKODE P.O., MALAPPURAM DISTRICT, PIN - 679341

2 SHRI. SHAHANAS BABU, AGED 46 YEARS S/O. LATE SHRI. UMMAR HAJI, CHOLAMUGHATH HOUSE, THAZHEKODE P.O., MALAPPURAM DISTRICT, PIN - 679341

3 SHRI. SHANAVAS, AGED 43 YEARS S/O. LATE SHRI. UMMAR HAJI, CHOLAMUGHATH HOUSE, THAZHEKODE P.O., MALAPPURAM DISTRICT, PIN - 679341

4 SMT. FATHIMATH SAFEENA, AGED 40 YEARS D/O. LATE SHRI. UMMAR HAJI, CHOLAMUGHATH HOUSE, THAZHEKODE P.O., MALAPPURAM DISTRICT, PIN - 679341

5 SHRI. MOHAMMED SHAFEER C.M., AGED 39 YEARS S/O. LATE SHRI. UMMAR HAJI, CHOLAMUGHATH HOUSE, THAZHEKODE P.O., MALAPPURAM DISTRICT, PIN - 679341 BY ADV RAJ CAROLIN V.

RESPONDENT/S:

1 THE URBAN CO-OPERATIVE BANK LTD., REPRESENTED BY THE AUTHORIZED OFFICER, URBANK TOWER, PATTAMBI ROAD, SANTHI NAGAR, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322

2 THE AUTHORIZED OFFICER, THE URBAN CO-OPERATIVE BANK LTD., PERINTHALMANNA, URBANK TOWER, PATTAMBI ROAD, SANTHI NAGAR, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322 BY ADVS.

JAYASREE K.P.

JOHN JOSEPH(K/000875/2019)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are legal heirs of late Ummar Haji who availed credit facilities from the respondent bank which includes a cash credit facility and mortgage loan. The proceedings which are the subject matter of the present writ petition, are in relation to the liabilities under the cash credit facility.

2. The learned counsel appearing for the petitioners would submit that the petitioners are willing to settle the liability in some instalments.

3. It is submitted that since possession of the secured assets being the residential house of the petitioners has already been taken. The petitioners will remit an amount of Rs.20 lakhs by 5.00 p.m on 08.04.2025 and a further sum of Rs.10 lakhs on or before 22.04.2025, which is the date fixed for sale of the property. It is submitted that on such amounts being remitted, the possession of the secured assets may be restored to the petitioners and the balance liability will be cleared in six monthly installments.

4. The learned counsel appearing for the respondent bank submits that some further amount may be directed to be remitted by the petitioners as a condition for restoring the physical possession. It is submitted that if the petitioners pay the substantial amount before 22.04.2025, the sale proposed to be held on 22.04.2025, can be adjourned.

5. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of in the following manner;

(i) The petitioners shall pay a sum of Rs.20,00,000/-

towards the loan liability by 5.00 p.m. on 08.04.2025.

(ii) The petitioners shall pay a further sum of Rs.15,00,000/-

towards the loan liability before 5.00 p.m on 21.04.2025.

(iii) If the petitioners comply with both the above conditions, the sale of the property of the petitioners scheduled to be held on 22.04.2025 shall be adjourned and the possession of the secured assets shall be restored to the petitioners.

(iv) The petitioners shall pay the balance overdue amount together with any accrued interest, charges and costs in six equal monthly installments, commencing from 30.05.2025. The subsequent instalments shall be paid on or before last working day of each succeeding month;

(v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;

(vi) The petitioners shall also handover the possession of the secured asset if any further default is committed by them after securing possession of the secured asset as directed in this judgment. It is also made clear that the directions