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2026 Supreme(Online)(Ker) 6907

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SINDHU S – Appellant
Versus
THE AUTHORIZED OFFICER, NEDUMANGAD CO-OPERATIVE URBAN BANK LTD.NO.3193, NEDUMANGAD P.O. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.KRISHNA MANI, SMT.N.V.SANDHYA, SMT.DHANUJA M.S
For the Respondents: SMT.NISHA GEORGE

JUDGMENT

Dated this the 31st day of January, 2026 The petitioner availed a housing loan from the respondent-

Bank for a sum of Rs.2,00,000/-. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002. On 17.01.2025, a notice was issued by the Advocate Commissioner, on the basis of the order passed by the CJM,Thiruvananthapuram, to take possession of the secured asset. Thereafter, on 29.01.2025, the physical possession of the secured asset was taken.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.1,32,278/-. The respondent is willing to permit the petitioner to pay off the overdue amount in equated monthly instalments. It is also submitted that the possession of the property is taken on

29.01.2025.

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:

i) The petitioner shall pay a lumpsum amount of Rs.50,000/-

(Rupees fifty thousand only) within one month from today.

ii) The petitioner shall remit the balance overdue amount together wi

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