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2026 Supreme(Online)(Ker) 10133

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHIBURAJ V G – Appellant
Versus
THE AUTHORIZED OFFICER, DCB BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: K.P. Madhu, Aparna S., Maria George, Anu Johny
For the Respondents: B.S. Suresh Kumar, Ashley John, Ranjana V., Anusree C.S., Jaison Mathew, Savio Binoy Correya

JUDGMENT

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

The petitioner availed a mortgage loan of Rs.10 lakhs 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 14.07.2025 and followed by notice dated 05.12.2025 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. 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.1,00,000/- 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.3,97,215/-. 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 th

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