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2026 Supreme(Online)(Ker) 8104

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ABHILASH P S – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK (KERALA BANK) – Respondent
WP(C) NO. 2950 OF 2026



Advocates:
For the Appellants/Petitioners: SRI. S. JAYAKRISHNAN, SRI. VINO V. GEORGE
For the Respondents: SRI. ATHUL SHAJI

The court supports loan regularization through installment payments, recognizing the need for borrower protection under SARFAESI proceedings.

Headnote:The case involves the petitioner who availed loans from the Kerala State Co-operative Bank, leading to proceedings under the SARFAESI Act due to non-repayment. The court directed repayment in 15 installments, allowing for regularization of the account while staying coercive actions. The primary issue revolved around the bank’s proceedings for loan recovery and the petitioner’s request for installment payments, which the court accepted, emphasizing compliance with payment timelines.

Table of Content
1. loan details and repayment issues. (Para 1 , 2)
2. directions for repayment and legal protections. (Para 3)

JUDGMENT

(Dated this the 27th day of January, 2026)

The petitioner availed two loans from the respondent bank. The first one was Over Draft facility and the second one was a Term loan. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002. Aggrieved by the same, the petitioner filed this writ petition.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount in the over draft facility is Rs.18,81,501/- and overdue in term loan is Rs.31,740/-. The petitioner prays that he may be given 15 instalments to wipe off the liability. The Bank has no objection in regularizing the loan account.

3. Having heard the learned Standing counsel on both sides, and taking note of the fact that the Bank is proposing to take physical possession of the property and since the Bank has no objection in regularizing the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.18,81,501/- (Rupees eighteen lakhs eighty one thousand five hundred and one only) in the overdraft facility and overdue amount of Rs.31,740/- (Rupees thirty one thousand seven hundred and forty only) in the term loan, together with any accrued interest, cost and allied charges, in 15 equated monthly installments, starting from 20.02.2026 and the subsequent installments shall be paid on or before 20th of every succeeding months.

b) The petitioner shall continue to pay the regular EMIs/installments along with the installments as directed above.

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

d) 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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