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2026 Supreme(Online)(Ker) 5841

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHAMSUDHEEN.M – Appellant
Versus
ICICI BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SRI. LAL K. JOSEPH, SC

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 committed default in repayment of the loan and the present outstanding amount as on 27.01.2026 is ₹17,88,308/- (Rupees Seventeen Lakh Eighty-Eight Thousand Three Hundred and Eight only). It was further submitted that though

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