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2026 Supreme(Online)(Ker) 5838

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRAMEELA K – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) NO. 44117 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.ANUPAMA SUBRAMANIAN
For the Respondents: SHRI.M.SASINDRAN

The court permitted structured installment payments for overdue loan amounts under the SARFAESI Act, emphasizing borrower compliance.

Headnote:The petitioner challenges recovery proceedings initiated under the SARFAESI Act for due amounts. The respondent bank indicates total dues of Rs.1,34,687. The court permits repayments in installments for the overdue amount, with clear directives for compliance and consequences of default. The matter was resolved with structured payment terms, ensuring continued payments until the full loan liability is cleared.

Table of Content
1. challenging recovery proceedings under sarfaesi act. (Para 1 , 2)
2. counsel seeks structured repayments. (Para 3)
3. court's directive on repayment terms. (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 in two loans comes to Rs.1,34,687/-(Rupees one lakh thirty four thousand six hundred eighty seven 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 the 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 a lump sum amount of Rs.30,000/-(Rupees thirty thousand only) on or before

27.02.2026.

(ii) The petitioner shall pay the balance overdue amount along with any accrued interest, cost and allied charges, in

10 equal monthly installments, along with regular installments.

(iii) The first installment is to be paid on or before 27.03.2026, and the remaining installments on or before the 27th day of every succeeding months, along with regular installments.

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

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

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

Sd/-

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