SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 2382

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



Advocates:
For the Appellants/Petitioners: SRI.M.DEVESH, SRI.M.ANUROOP, SHRI.MURSHID ALI M., SMT.JYOTHIS MARY, SMT.S.K.SREELAKSHMY
For the Respondents: SHRI.M.SASINDRAN

Court allows loan defaulting petitioner to repay in installments under SARFAESI Act.

Headnote:The petitioner, having availed a loan, faced a financial crisis leading to default in repayments, prompting the respondent bank to initiate actions under the SARFAESI Act, 2002. The court noted that the respondents had no objection to allowing the petitioner to repay the due amount in installments. The court mandated the petitioner to remit the outstanding amount of Rs.6,98,660/- in six installments starting from 15.02.2026, outlining provisions for default and abeyance of coercive actions.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top