A creditor's right to proceed with asset sales must be balanced against a debtor's genuine attempts to repay, ensuring equitable treatment under loan agreements.

JUDGMENT

(Dated this the 27^th day of November, 2025)

The petitioner is aggrieved by Ext.P1 sale notice dated

18.10.2025 issued by the 2^nd respondent for the sale of the secured assets on 28.11.2025. The total outstanding amount is Rs. 47,27,211.48/-.

2. The petitioner earlier approached this Court by filing W.P.(C) No.27482/2021, which was disposed of by Ext.P3 judgment directing the petitioner to repay the overdue amount of Rs.6,76,543/- in eight equated monthly installments. Thereafter, the petitioner again approached this Court by filing W.P.(C) No.37345/2023, and by Ext.P4 judgment, this Court directed the petitioner to remit Rs.1 lakh on or before 30.12.2023 and the remaining overdue amount in three consecutive and equal monthly installments.

3. The present writ petition is filed for a direction to the respondent Bank to regularise the loan account and permit the petitioner to repay the dues in 20 installments.

4. The learned counsel for the respondent Bank submits that this is the 3^rd litigation and the intention of the petitioner is only to drag on the proceedings and not to close the loan account and therefore, no indulgence can be granted to the petitioner. He further submits that the overdue amount as of today is Rs. 4,91,000/-.

5. The learned counsel for the petitioner submits that the petitioner will pay the overdue amount together with all accrued interest, costs and allied charges, within one month from today.

6. Having heard the learned counsel for the petitioner as well as the learned counsel for the respondent, and taking note of the fact that the sale is scheduled tomorrow (28.11.2025), I dispose of the writ petition as follows:

The petitioner shall pay Rs.1,00,000/- (Rupees One lakh only)

by 5 p.m. today (27.11.2025), and the remaining overdue amount, together with any accrued interest, cost and allied charges, within three weeks thereafter. In the meantime, the sale may proceed, and the confirmation of sale alone is stayed. If the auction purchaser is willing to deposit the amount, the same shall be credited to a separate account.