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2025 Supreme(Online)(Ker) 51993

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GABRIEL T – Appellant
Versus
AXIS BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RAHUL KRISHNAN U.S., SHRI.KIRAN KRISHNA, SHRI.SIDDIQUE SULAIMAN
For the Respondents: SRI. PAULOCHAN ANTONY, SC

JUDGMENT

(Dated this the 20th day of November, 2025)

The petitioners challenges Ext.P3 order in M.C.1287/2025, in this writ petition. The petitioners have taken a loan from the respondent bank for an amount of Rs.25,00,000/- (Rupees twenty five lakhs only) and another ₹6,00,000/- by mortgaging 3.80 Ares of property. When there was default in repaying the loan amount, proceedings were initiated under the SARFAESI Act , and issued notice under Section 13(2) demanding a sum of Rs.35,90,547/-. Subsequently, the bank filed M.C. No.1287/2025 before the CJM, Thiruvananthapuram and by Ext.P3 order dated 14.10.2025, an Advocate commissioner was appointed to take physical possession of the secured assets. The Advocate Commissioner issued a notice dated 07.11.2025 informing that the physical possession will be taken on

22.11.2025.

2. The case of the petitioner is that he was undergoing prolonged in-

patient treatment during the default period and is diagnosed for Ankylosing Spondylitis, Left Knee Septic Arthritis with Sepsis, Diabetes Mellitus, Systemic Hypertension and Dyslipidemina. Therefore, he is not able to remit the amount and seeks indulgence of this Court by granting instalments to wip

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