The court allowed an installment facility for repayment of overdue loan amounts, balancing lender's rights under SARFAESI Act with borrower's ability to repay.

JUDGMENT

(Dated this the 16th day of January, 2026)

The 4^th respondent, who is the husband of the petitioner in this writ petition, as a principal borrower and respondent No.5 and the petitioner as co-borrowers had availed a housing loan of Rs.6,40,000/- on 26.09.2018 from the 3^rd respondent bank. Again, the 4^th respondent had availed a Cash Credit limit of Rs.2,00,000/- with effect from 26.02.2020 and a business loan of Rs.28,000/- on 28.06.2021.

2. As a security for the housing loan, petitioner’s residential property is mortgaged. Due to non-repayment of the loan amount, the loan account was classified as NPA on 12.12.2022, and the respondent Nos.1 to 3 initiated steps under SARFAESI Act , 2002, intimating that the physical possession of the property would be taken on 30.05.2025. Aggrieved by the same, petitioner filed this writ petition.

3. The learned Standing Counsel for the respondents, on instructions, submits that the total overdue amount against the housing loan is Rs.38,000/-. The total outstanding amount against Cash Credit facility is Rs.2,69,343/- and towards the business loan is Rs.154/-.

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

a) The petitioner shall remit the overdue amount in the housing loan of Rs.38,000/- (Rupees thirty eight thousand only) and also in the business loan within a period of one month.

b) The petitioner shall remit the outstanding amount of Rs.2,69,343/- (Rupees two lakhs sixty nine thousand three hundred and forty three only) together with allied interest and other charges, in ten (10) equated monthly installments, starting from 10.02.2025 and the subsequent installments shall be paid on or before 10^th 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.

The writ petition is disposed of as above.

Sd/-