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2025 Supreme(Online)(Ker) 52281

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
BIJU M.B – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent


Advocates:
For the Appellants/Petitioners: G.SREEKUMAR
For the Respondents: GILBERT GEORGE CORREYA

J U D G M E N T

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

The petitioner availed a loan from the respondent-Bank by mortgaging his property. Upon default in repayment of the loan, the respondent Bank issued notice under Section 13(4) of the SARFAESI Act , 2002, dated 09.11.2023.

2. On 30.11.2023, an interim order was passed by this Court staying all further proceedings pursuant to Ext.P3 for six weeks on condition that the petitioner remits an amount of Rs.2,00,000/- within one month. It is submitted that the said interim order has been complied with.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.14,01,200/-. The Bank has no objection in regularizing the loan account.

4. Having heard the learned counsel on both sides, and taking note of the fact that the Bank is proposing to take physical possession of the property and since the Bank has no objection in regularizing the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.14,01,200/-. (Rupees Fourteen lakhs one thousand two hundred only) together with any accrued inter

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