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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
HARILAL M – Appellant
Versus
THE AUTHORIZED OFFICER, HDFC BANK LTD. – Respondent
| Table of Content |
|---|
| 1. petitioner availed a home loan, created mortgage, faced financial difficulties. (Para 1 , 2) |
| 2. petitioner sought to repay overdue amount; bank showed willingness to allow installments. (Para 3 , 4 , 5) |
| 3. court granted repayment opportunity; writ petition disposed of. (Para 6) |
BASANT BALAJI J ======================
W.P.(C) No. 45523 of 2025 ========================
Dated 27th day of January, 2026 JUDGMENT The petitioner availed a home loan of ₹28,00,000/- from the 2nd respondent Bank on 28.12.2023 by creating an equitable mortgage through deposit of the title deeds in respect of his property having an extent of 4.40 Ares comprised in Re-Sy. No. 472/12 (Old Sy. No. 143/2A) of Ummannoor Village. Owing to severe financial difficulties, the petitioner could not remit the equated monthly instalments in time, resulting in arrears of instalments payable to the 2nd respondent Bank.
2. In view of the default, the respondent Bank initiated proceedings under the provisions of the SARFAESI Act and issued a notice under Section 13(4), intimating that symbolic possession of the secured asset was taken on 28.04.2025. Thereafter, the Bank initiated further recovery proceedings in r
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