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2026 Supreme(Online)(Ker) 6098

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
POOKKADAN MOHAMMED RIYAS – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 1734 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.M.A.JINSA MOL
For the Respondents: SRI.GILBERT GEORGE CORREYA

A borrower allowed to repay the loan in installments, with conditions for default established.

Headnote:This case involves the petitioner obtaining a cash credit facility from the respondent bank under the SARFAESI Act. Due to non-repayment, the respondent initiated proceedings. The court ruled in favor of allowing the petitioner to pay the outstanding amount in fifteen installments, with conditions attached. The petitioner is permitted to repay the outstanding amount of Rs.27,97,803 in installments, failing which the respondent can proceed with legal actions.

Table of Content
1. petitioner availed loan from respondent bank under sarfaesi act. (Para 1)
2. respondent bank offers installment option for outstanding amount. (Para 2)
3. court disposes petition, allowing installment repayment. (Para 3)

JUDGMENT

Dated this the 31st day of January, 2026 The petitioner availed cash credit facility from the respondent bank in the year 2016 for an amount of Rs.15,00,000/-. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act . The petitioner approached this Court by filing W.P.(C) No.13400 of 2024 and this Court by judgment dated 12.04.2024 granted ten installments to pay off the entire outstanding amount. Since the petitioner committed default in paying the installments, the Bank issued notice regarding the sale of the property.

2. The learned Standing Counsel for the respondents, on instructions, submits that the total outstanding amount is Rs.27,97,803/-. The respondent is willing to permit the petitioner to pay off the outstanding amount in fifteen equated monthly installments.

3. Having heard the learned counsel on both sides, and the fact that the respondent has no objection in granting installment facility to the petitioner, I dispose of the writ petition as follows:

a) The petitioner shall remit the outstanding amount of Rs.27,97,803/- (Rupees Twenty Seven lakhs Ninety Seven thousand Eight hundred three only) together with allied interest and other charges, in fifteen (15) equated monthly installments, starting from 20.02.2026 and the subsequent installments shall be paid on or before 20th of every succeeding months.

b) In the event of default of any one installment, the respondent shall be entitled to proceed in accordance with law.

c) All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount as directed above.

Sd/-

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