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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MAHIN A – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) – Respondent
| Table of Content |
|---|
| 1. loan repayment request despite recovery proceedings initiated. (Para 1 , 2 , 3) |
| 2. bank denies instalment facility, prompting petitioner's written requests. (Para 4 , 5) |
JUDGMENT
(Dated this the 5th day of February, 2026)
The petitioners have filed this writ petition seeking issuance of appropriate directions to respondents 1 and 2 to grant them time to repay the amounts due in the term loan account availed from the 1st respondent, either by permitting repayment in instalments or by granting a One Time Settlement. In respect of the said loan, the respondents have initiated recovery proceedings under the SARFAESI Act .
2. The petitioners had availed the said term loan on 11.09.2015 for an amount of ₹20,00,000/- by mortgaging their property measuring 4.15 ares of land, together with the residential house situated therein, in Re-survey No. P.112/1E of Pathanamthitta Village, Pathanamthitta District. The tenure of the loan has since expired.
3. Thereafter, the respondent Bank initiated proceedings under the SARFAESI Act , and the Advocate Commissioner issued notice to the petitioners calling upon them to vacate the secured asset, expressing the intention to take physi
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