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2026 Supreme(Online)(Ker) 7020

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHAJI. S.S – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) NO. 39843 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.ANUROOP, SRI.M.DEVESH, SHRI.MURSHID ALI M., SMT.JYOTHIS MARY
For the Respondents: SHRI.THOMAS ABRAHAM

The court allows the petitioner to repay the outstanding loan in installments while deferring any coercive action.

Headnote:This case involves an appeal related to a loan default under the SARFAESI Act, 2002. The petitioner challenged the issuance of possession notice after failing to repay the outstanding amount. The court permitted the loan repayment in installments, deferring coercive action. The court observed the respondent's willingness to accept repayments in monthly installments. The petitioner must remit the total outstanding amount of Rs.16,39,051/- in twelve equated monthly installments, with the stipulation that any default allows the respondent to proceed legally.

Result: The writ petition is disposed off accepting the payment plan.

Table of Content
1. petitioner availed a loan and defaulted. (Para 1)
2. interim order deferred coercive steps after part payment. (Para 2)
3. outstanding balance discussed, installment agreement accepted. (Para 3)
4. court order for repayment in installments with consequences for default. (Para 4)

JUDGMENT

(Dated this the 22nd day of January, 2026)

The petitioner availed a loan from the respondent bank.

Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act, 2002 , followed by a notice dated 07.10.2025 by the Advocate Commissioner, on the basis of the order of the CJM Court, Thiruvananthapuram, in CMP No.1759/2025 in MC No.530/2025, intimating that the physical possession of the property would be taken on 28.10.2025. Aggrieved by the same, the petitioner filed this writ petition.

2. On 27.10.2025, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.1,00,000/- within one month. Today, it is submitted that the said interim order has been complied with.

3. The learned Standing Counsel for the respondent, on instructions, submits that the total outstanding amount is Rs.16,39,051/-. The respondent is willing to permit the petitioner to pay off the outstanding amount in twelve equated monthly installments.

4. 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:

a) The petitioner shall remit the outstanding amount of Rs.16,39,051/- (Rupees Sixteen lakhs thirty nine thousand and fifty one only) together with allied interest and other charges, in twelve (12) equated monthly installments, starting from 15.02.2026 and the subsequent installments shall be paid on or before 15th of every succeeding month.

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

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

Sd/-

BASANT BALAJI JUDGE

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