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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


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

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/- (Rupee

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