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2025 Supreme(Online)(Ker) 53090

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
LALU K V – Appellant
Versus
AUTHORIZED OFFICER, UNION BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ANAND REMESH, SHRI.ANTONY PAUL
For the Respondents: SHRI.ASP.KURUP, SRI.SADCHITH.P.KURUP, SHRI.SIVA SURESH, SMT.B.SREEDEVI, SMT.ATHIRA VIJAYAN, SRI.A.S.P KURUP, SC

JUDGMENT

(Dated this the 25th day of November, 2025)

The petitioner had availed a housing loan of Rs.7,00,000/- in the year

2016 from Union Bank of India, Edachira Branch, Ernakulam. Though the EMIs were repaid in the initial stages, there was default in payment thereafter, which led to initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

2. Aggrieved by the proceedings initiated by the Bank under SARFAESI Act, 2002, the petitioner had earlier approached this Hon'ble Court by filing W.P.(C) No.32766 of 2024, which was disposed of on 13.09.2025, directing the petitioner to clear the overdue amount in ten equal monthly installments along with regular installments, with a specific observation that, in the event of default, the respondents would be at liberty to proceed further in accordance with law.

3. This present writ petition is filed seeking the following reliefs:

“I. To declare that the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 are irregular and illegal and that the respondents bank cannot realize any amount from the

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