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2026 Supreme(Online)(Ker) 12903

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JAMEELA M A – Appellant
Versus
THE SOUTH INDIAN BANK LTD – Respondent
WP(C) NO. 1486 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.A.B.MOHANAKUMAR, SRI.K.ABDUL HAKEEM
For the Respondents: SMT.S.LAKSHMY

The court upholds the right to regularize a housing loan and outlines repayment terms while suspending coercive recovery.

Headnote:This judgment concerns a writ petition regarding the regularization of a housing loan declared as NPA under the SARFAESI Act. The petitioner was directed to repay the overdue amount of Rs. 3,28,000/- in six installments starting from 15.3.2026. The bank agreed to hold coercive proceedings in abeyance during the repayment period. The court held that in case of default, the bank may proceed for recovery as per law.

JUDGMENT

Dated this the 23rd day of February, 2026 The petitioner availed a housing loan from the respondent-Bank for a sum of Rs.13,00,000/-. Since there was default in repayment, the loan was declared as NPA and the respondents issued notice under Section 13(2) of the SARFAESI Act dated 02.05.2025 for clearing the outstanding liability.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.3,28,000/- The Bank has no objection in regularizing the loan account.

3. 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.3,28,000/- together with any accrued interest, costs and allied charges, in six equated monthly installments, starting from 15.3.2026 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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