Court allows loan repayment in installments for disabled petitioner following default.

JUDGMENT

Dated this the 31^st day of January, 2026 The petitioner has availed a financial facility from the respondent Bank. He is a 40% disabled person. Ext.P2 is the ID issued by the Government of Kerala. The loan taken was for an amount of Rs.9 lakhs and Rs.1,40,000/- respectively in the year 2023 and 2024. The term of the loan ends only in the year 2031. Though there was prompt payment till 2024, on default, the bank initiated proceedings under the SARFAESI Act and notices under Section 13(2) as well as 13(4) were issued. The petitioner has approached this Court with a prayer to regularise the loan account by allowing him to remit the overdue amount in 20 monthly installments commencing from 07.03.2026.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.4,30,115/-. The learned counsel objects to the prayer sought for granting 20 installments.

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 also the fact that the petitioner is having 40% disability proved by Ext.P2, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.4,30,115/- together with any accrued interest, cost and allied charges, in twelve equated monthly installments, starting from 25.02.2026 and the subsequent installments shall be paid on or before 25^th 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/-