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2026 Supreme(Online)(Ker) 8485

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SURENDRABABU R., SMITHAKUMARY I, INDIRAMMA – Appellant
Versus
HDFC BANK LTD. – Respondent
WP(C) NO. 46754 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.RESMI A.
For the Respondents: SMT.S.AMBILY, SMT.RUPA R. NAIR, SRI.K.K.CHANDRAN PILLAI (SR.)

The appellate court upheld the lower court's order regarding loan default and possession rights without prejudice to further remedies.

Headnote:The petitioners availed a loan of Rs.12,00,000/- from the 1st respondent bank, which was classified as NPA due to non-repayment. The Chief Judicial Magistrate’s Court issued a notice for possession. The petition was dismissed due to failure to remit the ordered amount. The court stated that the dismissal was without prejudice to the petitioner's rights before the Debts Recovery Tribunal.

Result: Writ petition dismissed.

Table of Content
1. loan default leads to possession notice. (Para 1)
2. court dismisses petition for non-compliance with payment. (Para 2)

JUDGMENT

(Dated this the 31st day of January, 2026)

The petitioners availed a loan of Rs.12,00,000/- from the

1st respondent bank in the year 2017. Due to non-repayment of the loan amount, the loan account was classified as NPA and a notice was issued by the Advocate Commissioner, on the basis of the order of the Chief Judicial Magistrate’s Court, Kollam, in M.C. No.1426/2025, intimating that the physical possession of the property would be taken. Aggrieved by the same, the petitioner filed this writ petition.

2. The petitioner was directed to remit an amount of Rs.1,00,000/- as per the order dated 17.12.2025. The petitioner remitted only Rs.25,000/- and sought time on two occasions. Even as of today, the balance amount has not been remitted. In such circumstances, this writ petition is not entertained and is dismissed, without prejudice to the right of the petitioner to approach the Debts Recovery Tribunal.

Sd/-

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