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2026 Supreme(Online)(Ker) 5835

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JAYASREE SHIBU – Appellant
Versus
THE DISTRICT COLLECTOR, KOTTAYAM – Respondent
WP(C) NO. 43046 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.K.A.HASHIM, SRI.JABIN MUHAMMED, SMT.FATHIMA HASHIM
For the Respondents: SRI.ATHUL SHAJI, SHRI.GAUTHAM H.

The court affirms the authority under the SARFAESI Act to structure repayments and enforce recovery against defaulted borrowers, balancing borrower relief with lender rights.

Headnote:The proceedings challenged relate to the recovery of overdue amounts under the SARFAESI Act. The petitioner is ordered to pay a total overdue amount of Rs.5,46,500 in 15 installments. The court allows the bank to recover secured assets if payments are not met as directed, while deferring coercive actions.

Table of Content
1. challenging proceedings under the sarfaesi act. (Para 1)
2. petitioner seeks installment arrangement for overdue amount. (Para 2 , 3)
3. court orders structured repayment and consequences of default. (Para 4)

JUDGMENT

(Dated this the 27th 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. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount comes to Rs.5,46,500/-(Rupees five lakhs forty six thousand five hundred only).

3. The counsel for the petitioner seeks an indulgence from this court to grant installments to wipe off the overdue amount. The respondent Bank is willing to accept repayment of overdue amount in limited installments. This is recorded.

4. Having heard the counsel appearing for the petitioner as well as the Standing counsel appearing for the respondent bank, I deem it appropriate to dispose of the writ petition with the following directions:

(i) The petitioner shall pay the overdue amount of Rs.5,46,500/-(Rupees five lakhs forty six thousand five hundred only) along with any accrued interest, cost and allied charges, in fifteen equal monthly installments, along with regular installments.

(ii) The first installment is to be paid on or before 27.02.2026, and the remaining installments on or before the 27th day of every succeeding months, along with regular installments.

(iii) After making payment of the entire overdue amount along with regular installments, the petitioner shall continue to pay the regular installments until the entire loan liability is discharged.

(iv) In case of failure to make payment of the installments as directed above, the Bank shall be free to take possession of the secured assets, in accordance with law.

(v) Till such time, all coercive proceedings against the secured assets shall be deferred.

Sd/-

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