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2026 Supreme(Online)(Ker) 10109

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
RASHEED K. – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BONNY BENNY, SHRI.VIPIN SURENDRAN, SHRI.SANIL JOSE, SHRI.AMALJITH
For the Respondents: SHRI.M.SASINDRAN

JUDGMENT

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

The petitioner had availed a loan of Rs.8,00,000/- in the year 2016 and Rs.5,00,000/- in the year 2018 from the respondent bank. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002, by issuing Ext.P1 notice dated 17.03.2025, followed by Ext.P2 notice issued by the Advocate Commissioner intimating that the physical possession of the property would be taken.

Aggrieved by the same, the petitioner filed this writ petition. 2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.4,20,403/-. The Bank has no objection in regularizing the loan account.

3. 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 since the Bank has no objection in regularizing the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.4,20,403 /- (Rupees four lakhs twenty thousand four hundred and three only) together with any accrued interest, cost and allie

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