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2026 Supreme(Online)(Ker) 5754

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JAGATHAMMA P – Appellant
Versus
KERALA BANK – Respondent
WP(C) NO. 20040 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SANKARAN NAIR D., SRI.G.MANU (M-1316)

The SARFAESI Act allows debtors an opportunity to repay overdue amounts under structured repayment plans while protecting lender rights in cases of default.

Headnote:This judgment concerns the interpretation of the SARFAESI Act where the petitioner sought an opportunity to repay overdue amounts following default on a loan. The court recognized the bank's willingness to accept installment repayments and outlined a structured repayment plan while preserving the bank's rights in case of default. The final ruling mandated the repayment of the overdue amount in 10 equal monthly installments, along with regular EMIs, and placed coercive actions on hold, thereby balancing the interests of the petitioner and the bank.

Table of Content
1. petitioner challenges loan recovery proceedings. (Para 1 , 2 , 3)
2. court mandates structured repayment plan. (Para 4)

JUDGMENT

(Dated this the 28th day of January, 2026)

The petitioner, a defaulted borrower from the respondent bank, is challenging proceedings under the SARFAESI Act initiated by the respondent Bank for recovery of the amounts due.

2. During the hearing, the petitioner confined the relief to an opportunity to repay the overdue amount in installments and to obtain regularisation of the loan accounts.

3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the loan, and the total overdue amount as on 14.01.2026 is Rs.6,12,241/- (Rupees Six Lakhs Twelve Thousand Two Hundred Forty One only). It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent Bank is willing to accept repayment of the overdue amount in limited installments and regularise the loan accounts. There was an interim order dated 18.06.2024 directing the petitioner to remit an amount of Rs.75,000/- within a period of one month, which is already complied with. This is recorded.

4. Taking into consideration the facts and circumstances of the case and the submissions of the learned counsels on both sides, I deem it appropriate to dispose of this writ petition with the following directions:-

(i) The overdue amount of Rs.6,12,241/- (Rupees Six Lakhs Twelve Thousand Two Hundred Forty One only), along with any accrued interest, costs and charges, shall be paid in 10 equal monthly installments starting from 16.02.2026 and subsequent installments shall be paid on or before the 20th day of the every succeeding months.

(ii) The petitioner shall continue to pay the regular EMIs /

installments along with the installments directed above.

(iii) In the event of default of any one installment, the respondent Bank shall be entitled to proceed in accordance with the law;

(iv) All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount directed above.

Sd/-

BASANT BALAJI JUDGE GBG PETITIONER EXHIBITS Exhibit P1 COPY OF THE DEMAND NOTICE U/S 13(2) OF SARFAESI Act DATED 04TH APRIL 2024 Exhibit P2 COPY OF THE LOAN PASSBOOK Exhibit P3 COPY OF THE COMMUNITY CERTIFICATE DATED

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