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2026 Supreme(Online)(Ker) 2378

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NAVEEN A.N., BINDU – Appellant
Versus
STATE BANK OF INDIA, THE AUTHORISED OFFICER/CHIEF MANAGER, STATE BANK OF INDIA – Respondent
WP(C) NO. 40760 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.SUDHISH, SMT.M.MANJU
For the Respondents: SRI. S. LAKSHMY, SC

Court allows defaulting borrowers to repay loan in installments while suspending coercive measures.

Headnote:This writ petition addresses the petitioners' default in repaying a loan taken from the respondent bank, leading to proceedings initiated under the SARFAESI Act, 2002. The court notes the outstanding amount of Rs.6,98,869 and permits repayment in ten equated monthly installments. The main issue was whether such a repayment plan could be allowed given the outstanding debt, leading to a favorable decision for the petitioners, maintaining all coercive actions in abeyance during repayment. The court disposed of the writ petition allowing the stipulated repayment method.

Table of Content
1. petitioners default on loan repayment. (Para 1)
2. outstanding amount and repayment agreement. (Para 2)
3. court's favorable ruling on installment repayment. (Para 4)

JUDGMENT

(Dated this the 15th day of January, 2026)

The petitioners availed a loan from the respondent bank. The petitioners defaulted on the loan repayment of installments due to the financial crisis. Subsequently, the respondent bank initiated proceedings under the SARFAESI Act , 2002. Aggrieved by these proceedings, the petitioners approached this Court.

2. The learned Standing Counsel for the respondents, on instructions, submits that the total outstanding amount is Rs.6,98,869/-. The respondents are willing to permit the petitioners to pay off the outstanding amount in equated monthly installments.

4. Having heard the learned counsel on both sides, and the fact that the respondents have no objection in granting installment facility to the petitioner, I dispose of the writ petition as follows:

a) The petitioners shall remit the outstanding amount of Rs.6,98,869/- (Rupees six lakh ninety eight thousand eight hundred and sixty nine only) together with allied interest and other charges, in ten (10) equated monthly installments, starting from 15.02.2026 and the subsequent installments shall be paid on or before 15th of every succeeding months.

b) In the event of default of any one installment, the respondents shall be entitled to proceed in accordance with law.

c) All coercive proceedings shall be kept in abeyance to enable the petitioners to repay the entire amount as directed above.

Sd/-

BASANT BALAJI JUDGE JS APPENDIX OF WP(C) NO. 40760 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED

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