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2026 Supreme(Online)(Ker) 6136

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
VIPINLAL V.S – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.A.VINOD, SHRI.SUHAIL M.
For the Respondents: SHRI.THOMAS ABRAHAM

JUDGMENT DATED THE 30TH DAY OF JANUARY 2026 The petitioner, the principal borrower had availed a term loan from the respondent bank for a sum of Rs.6,00,000/- in the year 2020. At the time of availing the loan facility, the sole residential property in the name of the petitioner was given as security for the loan transaction. Due to financial stringency, the petitioner defaulted in the instalments. The respondent bank, therefore, approached the Chief Judicial Magistrate Court, Thiruvananthapuram, seeking assistance of an Advocate Commissioner for taking possession of the property. The Advocate Commissioner, thus appointed has issued notice to the petitioner stating that he will take possession of the property. The petitioner sought for instalments and some time for paying the overdue amount, but the same was not considered by the bank. Hence, the petitioner has approached this Court to issue a direction to the respondent to grant sufficient instalments to pay off the overdue amount and regularise the loan account.

2. On 04.11.2025, an interim order was passed by this Court deferring the coercive steps against the petitioner on condition that the petitioner remits an amount of Rs.1,0

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