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2026 Supreme(Online)(Ker) 7784

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NOUSHAD – Appellant
Versus
KERALA STATE COOPERATIVE BANK LTD. – Respondent
WP(C) NO. 3762 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.MATHEW KURIAKOSE, SRI.T.G.SUNIL, SRI.J.KRISHNAKUMAR, SHRI.MONI GEORGE, SHRI.SHAJI P.K., SHRI.C.N.PRAKASH
For the Respondents: SRI. P. C. SASIDHARAN

The court facilitated a structured repayment plan under SARFAESI Act provisions for a defaulted loan.

Headnote:The case concerns the enforcement of security interests as per the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner defaulted on a term loan and sought indulgence to repay overdue amounts, which the bank agreed to in installments. The court directed a lump sum payment followed by monthly installments, allowing the bank to take possession if defaults continued. The respondent's willingness and the court's directives led to a structured repayment plan to clear loans. The petitioner shall pay a lump sum of Rs.30,000/- by 28.02.2026 and then the balance in 15 monthly installments.

Table of Content
1. loan details and defaults. (Para 1 , 2)
2. repayment proposal and bank agreement. (Para 3 , 4)
3. court's structured repayment order. (Para 5)

JUDGMENT

(Dated this the 31st day of January, 2026)

Petitioner along with his wife availed term loan of Rs. 15 Lakh from the respondent bank on 27.03.2024. The repayment period is 10 years. When there were default in repayment the respondents have initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (SARFAESI Act).

2. The respondent filed C.M.P. No. 1722/2025 before the Chief Judicial Magistrate Court, Kozhikode and the learned C.J.M. deputed Advocate Commissioner to take possession secured assets. An Advocate Commissioner was appointed by the C.J.M and the Advocate commissioner issued a notice stating that the possession would be taken on 21.01.2026.

3. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount in two loans comes to Rs.2,48,742/-(Rupees two lakhs forty eight thousand seven hundred and forty two only).

4. The counsel for the petitioner seeks an indulgence from this court to grant installments to wipe off the overdue amount. The respondent Bank is willing to accept repayment of overdue amount in limited installments. This is recorded.

5. Having heard the counsel appearing for the petitioner as well as the Standing counsel appearing for the respondent bank, I deem it appropriate to dispose of the writ petition with the following directions:

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