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2026 Supreme(Online)(Ker) 8106

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
DEVADAS. P.K. – Appellant
Versus
AUTHORIZED OFFICER UNDER SARFAESI ACT FEDERAL BANK LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SMT.MANJULA C. P.
For the Respondents: SRI. MOHAN JACOB GEORGE

JUDGMENT

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

The petitioner availed two loans from the 2nd respondent bank, one cash credit facility and other housing loan. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002, by issuing Ext.P1 notice dated 03.05.2025. Aggrieved by the same, the petitioner filed this writ petition.

2. The learned Standing Counsel for the Bank, on instructions, submits that an amount of Rs.13 lakhs is outstanding in the cash credit facility. As far as the housing loan is concerned, overdue amount as on date is Rs.12 lakhs. The learned counsel further submits that since the cash credit has to be closed within a period of one month, if the same is done, the housing loan can be regularised.

4. Having heard the learned 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 outstanding amount of Rs.13,00,000/- (Rupees thirteen lakhs only) in the cash credit

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