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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRASAD R – Appellant
Versus
THE SOUTH INDIAN BANK LTD – Respondent
| Table of Content |
|---|
| 1. petitioner's attempt to declare entitlement for loan repayment installments due to financial hardship. (Para 1 , 2 , 3) |
| 2. court recommends pursuing statutory remedies available under sarfaesi act. (Para 5) |
| 3. court defers physical possession while requiring a partial repayment. (Para 6 , 7) |
JUDGMENT
(Dated this the 16th day of December, 2025)
The petitioner has approached this Court seeking a declaration that he is entitled to get instalment facility to remit the entire outstanding amount to the respondent and to direct the respondent to accept monthly instalments from the petitioner to clear the outstanding loan amount.
2. The petitioner had availed credit facilities from the respondent bank for running a small-scale furniture establishment. The loan availed included a Cash Credit Overdraft Limit facility (CCOL) and a term loan sanctioned under the Emergency Credit Line Guarantee Scheme (ECLGS). The repayment was defaulted due to the COVID-19 pandemic and because the petitioner's wife was hospitalised and underwent major surgery. Consequently, funds had to be diverted towards medical expenses. Ext.P1(a) is the discharge summary produced to show that the petitioner's
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