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2026 Supreme(Online)(Ker) 6905

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AJI S RAJAN – Appellant
Versus
THE AUTHORIZED OFFICER, HDFC BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MOHAMMED MUSHTHAQ S., SHRI.NAHAS H.
For the Respondents: SMT.S.AMBILY, SMT.RUPA R. NAIR, SRI.K.K.CHANDRAN PILLAI (SR.)

J UDGMENT

The petitioner is the absolute owner of the property comprised in Re.Sy No.94/6, 94/8 and 94/10 of Mulavana Village, Kollam Taluk. He has availed a loan for Rs.40 lakhs from the respondent Bank in the year 2015. Secured asset is a residential property.

2. The case of the petitioner is that he is suffering from high cardiac disease and is undergoing treatment in Sree Chithira Tirunal Institute, Thiruvananthapuram. The wife of the petitioner is unemployed and all the medical expenses have to be met by the petitioner. Petitioner has earlier approached this Court by filing W.P.(C) No.43665 of 2023 challenging the proceedings against him. By Ext.P1, an interim order was passed by directing the petitioner to pay an amount of Rs.2 lakhs on or before 15.01.2024 and coercive proceedings stood deferred. Thereafter, since the interim order was not complied, taking note of the judgment of the Hon’ble Apex Court in United Bank of India v. Satyawati Tondon and others [(2010) 8 SCC 110] as well as Authorised Officer, State Bank of Travancore v. Mathew K.C. [2018(1) KLT 784] , this Court dismissed the writ petition on 24.01.2024. The petitioner was served with Ext.P3 notice dated 08.01.2

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