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2026 Supreme(Online)(Ker) 12115

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AMBILI – Appellant
Versus
THE BRANCH MANAGER, ANTHIKKAD BRANCH,THE KERALA STATE CO- OPERATIVE BANK – Respondent
WP(C) NO. 6578 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.MAHESH V.MENON, SMT.S.SHREYASHREE ANIL
For the Respondents: SRI. K. S. ARUNKUMAR, SC

The court mandates timely resolution of settlement schemes in loan default cases.

Headnote:The case pertains to a writ petition under the SARFAESI Act regarding a loan default by the petitioner. The court directed the 1st respondent to act on the representation submitted by the petitioner for a One Time Settlement Scheme. The court emphasized the need for timely action on such representations. The judgment aims to ensure fairness in the proceedings concerning the loan recovery. The court disposed of the writ petition directing that the 1st respondent take up the representation and pass orders within two weeks.

Table of Content
1. loan default and bank recovery actions. (Para 1)
2. court directs action on settlement representation. (Para 2)

JUDGMENT

Dated this the 20^th day of February, 2026 The petitioner has availed a loan of Rs.15 lakhs in the year 2017 with a tenure of ten years. When default occurred, the Bank initiated proceedings under the SARFAESI Act and approached the Chief Judicial Magistrate Court, Thrissur by filing Crl.M.P No.13887 of 2025 and the Advocate Commissioner appointed has served notice dated 28.01.2026 to take physical possession of the secured asset. The petitioner has filed Ext.P2 representation before the 1^st respondent for availing the One Time Settlement Scheme. The grievance of the petitioner is that respondent is not acting on Ext.P2.

2. The learned counsel for the respondents submits that if Ext.P2 is received and is still pending without orders, the same will be considered in accordance with law.

Therefore, this writ petition is disposed of directing the 1^st respondent to take up Ext.P2 and pass orders, within a period of two weeks from today.

Sd/-

BASANT BALAJI JUDGE

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2026 Supreme(Online)(Ker) 12115

IN THE HIGH COURT OF KERALA AT ERNAKULAMBASANT BALAJI, JAMBILI – AppellantVersusTHE BRANCH MANAGER, ANTHIKKAD BRANCH,THE KERALA STATE CO- OPERATIVE BANK – RespondentWP(C) NO. 6578 OF 2026

The court mandates timely resolution of settlement schemes in loan default cases.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AMBILI – Appellant
Versus
THE BRANCH MANAGER, ANTHIKKAD BRANCH,THE KERALA STATE CO- OPERATIVE BANK – Respondent
WP(C) NO. 6578 OF 2026