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2026 Supreme(Online)(Ker) 10130

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PATTATHIL SREEJITH – Appellant
Versus
HDFC BANK – Respondent


Advocates:
For the Appellants/Petitioners: KUM.GAYATHRI MURALEEDHARAN, SMT.ARCHANA B., SHRI.AJIN K. KURIAKOSE, SMT.SRUTHILAKSHMI SHAJI
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 availed a housing loan of Rs.12,00,000/-

from the respondent bank in the year 2016. Due to non- repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002, by issuing Ext.P2 notice dated 29.09.2025, followed by 13(4) notice dated 28.10.2025. Aggrieved by the same, the petitioner filed this writ petition.

2. On 19.12.2025, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.75,000/- within one month. It is submitted that the said interim order has been complied with.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.1,88,831/-. The Bank has no objection in regularizing the loan account.

4. 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 overdu

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