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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHAMSUDHEEN.M – Appellant
Versus
ICICI BANK LTD – Respondent
| Table of Content |
|---|
| 1. petitioner defaulted on loan due to financial crises. (Para 1) |
| 2. petitioner seeks repayment in installments; bank agrees. (Para 2 , 3) |
| 3. court grants opportunity to repay, stipulating conditions. (Para 4) |
BASANT BALAJI J ======================
W.P.(C) No. 47629 of 2025 ========================
Dated 27th day of January 2026 JUDGMENT The petitioner, who is a guarantor, availed a credit facility from the respondent Bank for a sum of ₹44,00,000/-. The loan was availed from the Mukkam Branch of the Bank and was secured by immovable property measuring 2.52 Ares comprised in Re-Survey No. 16/49 of Kodiyathur Village, Kozhikode Taluk, Kozhikode District. Owing to severe financial difficulties arising from business losses, flood-related issues, and the COVID-19 pandemic, the petitioner defaulted in repayment of the loan. Consequently, the respondent Bank initiated recovery proceedings under the SARFAESI Act . Aggrieved by the same, the petitioner has approached this Court.
2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.
3. It was submitted on behalf of the respondent Bank that the petitioner
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