IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
JANARDHANAN S. – Appellant
Versus
KIDARAKUZHI SERVICE CO-OPERATIVE BANK LTD. – Respondent
JUDGMENT
The petitioner, a defaulted borrower from the respondent bank, is challenging proceedings initiated by the respondent bank under the SARFAESI Act for recovery of the amounts due.
2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.
3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the loan and the outstanding amount as on 10.02.2026 is Rs.4,90,115/- (Rupees four lakhs ninety thousand one hundred and fifteen only). It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent Bank is willing to accept repayment of the outstanding amount in limited instalments. This is recorded.
4. In view of the above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount on the following conditions:
(i) The petitioner shall pay a sum of Rs. 1,00,000/- (Rupees one lakh only) on or before 13.03.2026.
(ii) The balance outstanding, along with accrued interest, costs, and charges, if any, shall be paid in 10 equal monthly instalments starting from 20 July 202
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