The court established that representations regarding loan matters must be considered in a timely manner, ensuring adherence to due process.

JUDGMENT

(Dated this the 23rd day of February, 2026)

The petitioner, a Co-operative Society registered under the Kerala Co-operative Societies Act , 1969, engaged in banking activities. The 2^nd petitioner is the Administrative Committee appointed by the 3^rd respondent. The bank has availed loan from the 4^th respondent after creating security interest over the property of the 1^st petitioner having an extent of 6.05 Ares comprised in Re-survey Nos.415/25/1 and 415/25/3 in Block No.11 in Angamaly Village, Aluva Taluk, Ernakulam District.

2. The loans availed are cash credit, project loan SOC and ordinary loan. Though there was considerable remittance of the loan, default occurred, thereby the 4^th respondent classified the account as NPA and proceedings were initiated against the petitioner under the SARFAESI Act . The petitioner Society has been taking steps for recovery of the dues from the defaulters by filing of 309 Arbitration Reference cases before the Assistant Registrar (General) for recovery of the loan amount, and 33 execution proceedings are pending before the civil court.

3. While so, the petitioner received Section 13 (2)

notices, i.e., Ext.P2 series, from the 5^th respondent. Thereafter Section 13 (4) notices were issued for taking symbolic possession of the property. In such circumstances, the petitioner submitted a detailed representation before respondents 1 and 2 explaining the financial position and also requesting regularisation of the loan account, waiver of interest and penal charges as well as other fees. The said representation is dated 31/12/2025 and was received by the 1^st and the 2^nd respondents on 03/01/2026, as evidenced by Ext.P5.

4. According to the petitioner, till date, no orders have been passed. The limited request of the petitioner is to direct respondents 1 and 2 to consider Ext.P4 representation within a time frame and, till such time, all coercive proceedings may be kept in abeyance.

5. The learned Government Pleader, on instructions, submits that Ext.P4 cannot be considered by the respondent as the same does not come under the purview of Section 74F of the Kerala Co-operative Societies Act . Since Ext.P4 representation has been pending for the last one month without any orders, I direct the 2^nd respondent to forward the same to the 1^st respondent and the first respondent shall consider the same in accordance with law and pass appropriate orders within a period of one month from the date of receipt of copy of this judgment. Till such time, the SARFAESI proceedings initiated against the petitioner by the respondents shall be kept on hold.

6. The learned counsel for the petitioner submits that she is not pressing prayer No.(iii). While disposing Ext.P4, an opportunity of hearing shall also be given to the 4^th respondent.

The writ petition is disposed of as above.

Sd/-