SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2026 Supreme(Online)(Ker) 8483

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ZACHARIAH CHACKO – Appellant
Versus
THE KOTTAYAM CO-OPERATIVE URBAN BANK LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.A.SULFIA
For the Respondents: SRI. SURIN GEORGE IPE, SC

JUDGMENT

Dated this the 31st 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 peti

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top