The court affirmed the authority to enforce repayment of loans as per prior orders, balancing debtor rights with creditor interests.

JUDGMENT

(Dated this the 30^th day of January, 2026) The prayers in the writ petition are as follows;

“(i) Issue a writ of mandamus or any other appropriate writ order or direction for staying all SARFAESI Proceedings including possession and sale of the residential property and directing the Respondent to allow petitioner to clear the entire overdue in regular installments as per the loan conditions or 40 equal installments. .

(ii) Direction may be given to the Respondent Bank to clear the loan amount settled with Niva Bupa Health Insurance coverage amount linked to the Housing Loan account.

(iii) Issue a writ of mandamus or any other appropriate writ order or direction to stay the proceedings pursuant to the order of the learned Chief judicial Magistrate Court, Kottayam in M.C. No. 784/2025 including the Advocate Commissioner’s Notices dated 18-12-2025.

(iv) such other appropriate writ orders or directions as this Hon’ble Court may deem fit and proper to meet the ends of Justice”.

2. The petitioner obtained Ext.P3 judgment from this Court on 18.09.2025, whereby the overdue amount of Rs.1,81,138/- was directed to be deposited in installments, with an upfront payment of Rs.30,000/-. The petitioner has remitted Rs.30,000/- (Rupees Thirty Thousand only) as ordered. However, the installments due from 30.10.2025 till date have been defaulted. In such circumstances, the Commissioner has issued Exts.P4 and P5 notices.

3. According to the respondent, the total dues, including the defaulted installments as well as the EMI due as on today, amount to Rs.2,53,867/- (Rupees Two Lakhs Fifty- Three Thousand Eight Hundred Sixty-Seven only), along with other charges. The petitioner is directed to remit the said amount, together with the EMI due, on or before 02.02.2026.

The writ petition is disposed of as above.

Sd/-