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2026 Supreme(Online)(Ker) 6914

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
BABU ANTONEY – Appellant
Versus
AUTHORISIED OFFICER ALLEPPEU URBAN CO OPERATIVE BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.C.SUDHEER

JUDGMENT

Dated this the 30th day of January, 2026 The petitioner is a theater artist and proprietor of BHARATH communications and ALLEPPEY theaters. Petitioner mortgaged his property having an extend of 12.14 Ares comprised in Survey number 98/3,Resurvey number 461/11/8,461/15,in Block no 1 of kalavoor village , Ambalappuzha Taluk, Alappuzha District to the respondent bank for availing a BDL loan on 15/1/2019 to the tune of Rs.12,00,000/- from the respondent bank.

2. Though the petitioner made remittances promptly during the initial repayment period, he could not pay the repayment installments promptly later due to financial stringency. When the respondent initiated recovery proceedings against the property mortgaged to the respondent , petitioner filed representation to the respondent bank for getting one time settlement option for pay off the entire outstanding including installment dues plus future installments as per the scheme introduced by the respondent as “ASWAS-2021(Non R R).There was a purchaser for the petitioners property mortgaged to the bank and they had entered in to an agreement with the petitioner for sale of the property and given advance to the same. Petitioner h

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