Court allows borrower to repay dues in installments under SARFAESI Act considering the bank's leniency.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 30^TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947 WP(C) NO. 46562 OF 2025 PETITIONER:

VANDANA PRABHA S., AGED 40 YEARS W/O. KARTHIKEYAN, SREELATHIKA, ANTHIYOORKONAM, KOLLODU P.O., THIRUVANANTHAPURAM, PIN - 695571 BY ADVS.

SHRI.JINU JOSEPH SMT.ANU PHILIPOSE RESPONDENTS:

1 THE AUTHORIZED OFFICER, KERALA BANK, REGIONAL OFFICE, P.B.NO. 5122, EAST FORT P.O, THIRUVANANTHAPURAM, PIN - 695023

2 KERALA BANK, MALANYINKEEZHU BRANCH, KRISHNAGIRI BUILDINGS, MALAYINKEEZHU P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER, PIN - 695571 BY ADV SHRI.THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT DATED THE 30^TH DAY OF JANUARY 2026 The petitioner, a defaulted borrower from the respondent bank, is challenging proceedings initiated by the respondent bank under the SARFAESI Act for recovery of the amounts due.

2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.

3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the loan and the total outstanding amount as on 29.01.2026 is Rs.14,82,254/- (Rupees Fourteen lakhs eighty two thousand two hundred and fifty four only). It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent Bank is willing to accept repayment of the outstanding amount in limited instalments.

In view of the above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount on the following conditions:

(i) The petitioner shall pay a sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) within one month.

(ii) The balance outstanding amount, along with accrued interest, costs, and charges, if any, shall be paid in fifteen (15) equal monthly instalments starting from 15.03.2026, and subsequent instalments shall be paid on or before the 15^th day of every succeeding months.

(iii) In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law.

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

The writ petition is disposed of as above.

Sd/-