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2026 Supreme(Online)(Ker) 10128

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
DR. ABRAHAM THOMAS – Appellant
Versus
THE BRANCH MANAGER, HDFC BANK LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.ANTONY THOMAS
For the Respondents: SMT.S.AMBILY, SMT.RUPA R. NAIR, SRI.K.K.CHANDRAN PILLAI (SR.)

JUDGMENT

(Dated this the 30th day of January, 2026)

The petitioner is a borrower of the 1st respondent Bank.

He had availed financial assistance to the tune of Rs.65,00,000/-. According to the petitioner, the loan was serviced till March, 2025. Due to financial distress, the repayment became irregular and the bank classified the account as a Non Performing Asset. A notice under Section 13(2) was issued on 20.05.2025 demanding payment of Rs.65,60,134/-. Thereafter, a notice under Section 13(4) was also issued.

2. The prayer in the writ petition is for a direction to the bank to accept the outstanding amount in 24 monthly instalments. A statement has been filed by the respondent bank contending that the petitioner, a Doctor by profession and that, in his loan application, he had stated a monthly income of Rs.1,10,000/-. It is further contended that the petitioner has gone to the U.S.A. after resigning from the State Government Service. In the absence of repayment, the bank was constrained to approach the Chief Judicial Magistrate under Section 14 of the SARFAESI Act to take physical possession of the secured assets.

3. In such circumstances, this Court passed an interim order on 19.12.

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