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2026 Supreme(Online)(Ker) 7803

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ALI. M – Appellant
Versus
THE PERINTHALMANNA URBAN CO-OPERATIVE BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SMT.MEGHA BIJU, SHRI.BIJU S.
For the Respondents: SMT.JAYASREE K.P., SHRI.JOHN JOSEPH

SHRI.JOHN JOSEPH 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 30TH DAY OF JANUARY 2026 The petitioner availed cash credit facility from the respondent bank in the year 2019 for an amount of Rs.18,00,000/- by depositing the title deeds including the residential house where the petitioner and his family resides. Due to non-repayment of the loan amount, the respondent Bank filed a petition under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (SARFAESI Act) before the Chief Judicial Magistrate’s Court, Manjeri and the said Court has passed an order appointing an Advocate Commissioner to take physical possession of the secured assets who had issued Ext.P2 notice. Aggrieved by the same, the petitioner has filed this writ petition for issuing a direction to the respondent Bank to allow him to repay the amount due in 24 equal monthly installments. .

2. On 17.12.2025, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.5,00,000

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