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2026 Supreme(Online)(Ker) 6099

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
IBRAHIM K.P – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 1744 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.M.A.JINSA MOL
For the Respondents: SHRI.M.SASINDRAN

Loan default management under the SARFAESI Act and terms of repayment installment plans were upheld.

Headnote:This case examines the enforcement of the SARFAESI Act regarding loan repayments. The petitioner secured a Rs.6,00,000 loan but defaulted, leading to notices under Sections 13(2) and 13(4). The bank is willing to regularize the loan. The court mandates repayment in installments while suspending coercive actions.

Table of Content
1. loan details and default described. (Para 1)
2. overdue amount presented by the bank. (Para 2)

JUDGMENT

Dated this the 31st day of January, 2026 The petitioner availed a housing loan from the respondent-Bank for a sum of Rs.6,00,000/-. As there was default in repayment of the loan, the respondent issued notice under Section 13(2) followed by 13(4) of the SARFAESI Act dated

11.12.2023 for clearing the outstanding liability.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.3,46,572/-. The Bank has no objection in regularizing the loan account.

4. Having heard the learned counsel on both sides, and taking note of the fact that the Bank is proposing to take physical possession of the property and since the Bank has no objection in regularizing the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.3,46,572/- together with any accrued interest, cost and allied charges, in six equated monthly installments, starting from 20.02.2026 and the subsequent installments shall be paid on or before 20th of every succeeding months.

b) The petitioner shall continue to pay the regular EMIs/installments along with the installments as directed above.

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

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

Sd/-

BASANT BALAJI JUDGE Sru PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF POSSESSION NOTICE DATED

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