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2026 Supreme(Online)(Ker) 12114

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NOUSHAD ALI K – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 5700 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.DENIZEN KOMATH, SHRI.DEAN DENIZEN KOMATH, SHRI.PRINCE N.J.
For the Respondents: SRI. GILBERT GEORGE CORREYA

This judgment highlights the borrower's obligations to repay overdue loans and the Bank's rights under the SARFAESI Act.

Headnote:The judgment examines the borrower’s default on a mortgaged loan under the SARFAESI Act, noting that the loan was declared NPA and the petitioner was directed to repay the overdue amount through installments. The Court determined that the borrower could regularize the loan by paying Rs.8,77,855 in equated monthly installments while avoiding further coercive measures. The key issues included repayment timelines and consequences of default. Ultimately, the Court directed the borrower to remit the overdue amount under specific conditions.

Table of Content
1. borrower's default on a loan (Para 1 , 2)
2. bank's willingness to regularize the loan (Para 3)
3. court's directives on repayment terms (Para 4)

JUDGMENT

Dated this the 20th day of February, 2026 The petitioner availed a mortgaged loan from the 1st respondent.

Since there was default in repayment, the loan was declared as NPA on 18.04.2020 and the respondent-Bank issued notice under the SARFAESI Act .

As per the notice dated 20.12.2024, the amount due was Rs.20,41,960/-.

2.On 13.02.2026, an interim order was passed by this Court deferring the coercive steps against the petitioner on condition that the petitioner remits an amount of Rs.1,00,000/- within one month. It is submitted that the petitioner has remitted Rs.3,00,000/- as per Ext.P7.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.8,77,855/-. 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 overdue amount of Rs.8,77,855/- together with any accrued interest, costs and allied charges, in 15 equated monthly installments, starting from 15.03.2026 and the subsequent installments shall be paid on or before 15th of every succeeding month.

b) The petitioner shall continue to pay the regular EMIs/installments along with the installments as directed above.

c) In the event of default of any one installment, the respondent Bank shall be entitled to proceed for recovery in accordance with law.

d) All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount as directed above.

Sd/-

BASANT BALAJI JUDGE

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