IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MARIYAMU – Appellant
Versus
TIRUR URBAN CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 47476 OF 2025
| Table of Content |
|---|
| 1. facts of loan default and bank action. (Para 1) |
| 2. respondents' willingness for installment repayment. (Para 2) |
| 3. court's decision on installment payment and conditions. (Para 4) |
JUDGMENT
(Dated this the 15th day of January, 2026)
The petitioner availed a loan from the respondent bank. The petitioner 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 petitioner approached this Court.
2. The learned Standing Counsel for the respondents, on instructions, submits that the total outstanding amount is Rs.6,98,660/-. The respondents are willing to permit the petitioner 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 petitioner shall remit the outstanding amount of Rs.6,98,660/- (Rupees six lakhs ninety eight thousand six hundred and sixty only) together with allied interest and other charges, in six 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 petitioner to repay the entire amount as directed above.
Sd/-
BASANT BALAJI JUDGE JS APPENDIX OF WP(C) NO. 47476 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER DATED 20/05/2024 IN WPC 30105/2023 Exhibit P2 THE TRUE COPY OF THE PAYMENT RECIPECT WPC 3780/2025 DATED 18/09/2025 ADVOCATE COMMISSIONER DATED 08/12/2025
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