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2026 Supreme(Online)(Ker) 12904

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHIBU DAVIS – Appellant
Versus
KERALA STATE COOPERATIVE BANK LTD. – Respondent
WP(C) NO. 1832 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.RAPHAEL THEKKAN, SRI.T.SAJI RAPHEL, SRI.CHRISTINE MATHEW, SHRI.ABESH ALOSIOUS
For the Respondents: SHRI.K.S.ARUN KUMAR

Courts can impose installment payment plans in loan recovery cases, ensuring debtor protection against coercive measures during compliance.

Headnote:This writ petition concerns a loan of Rs.10,00,000/- availed by the petitioner’s son from the respondent bank, against which SARFAESI proceedings were initiated due to default in repayment. The court directed the petitioner to repay the overdue amount of Rs.1,62,071/- in eight monthly installments, allowing the bank to proceed with recovery if defaults occur. The coercive actions were deferred during this repayment period.

Table of Content
1. loan details and default. (Para 1 , 2)
2. request for installment repayment. (Para 3)
3. court's directives for installment repayment. (Para 4)

JUDGMENT

(Dated this the 23rd day of February, 2026)

The Son of the Petitioner had availed a loan of Rs.10,00,000/-

( Rupees Ten Lakhs Only ) for a period of ten years on 24.02.2023 from the 1st respondent bank. He availed the said facility by mortgaging 5.63 Ares of land in Survey No.209/3-10 of Kadukutty Village, Chalakudy Taluk, Thrissur District. The petitioner who is the father stood as guarantor for the loan. The son of the petitioner was very prompt in repayment, but later, he became defaulter of the loan. At this point of time the bank initiated SARFAESI Proceedings against the petitioner.

2. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount comes to Rs.1,62,071/-.(Rupees one lakh sixty two thousand and seventy one only)

3. The counsel for the petitioner seeks an indulgence from this court to grant installments to wipe off the overdue amount. The respondent Bank is willing to accept repayment of overdue amount in limited installments. This is recorded.

4. Having heard the counsel appearing for the petitioner as well as the Standing counsel appearing for the respondent bank, I deem it appropriate to dispose of the writ petition with the following directions:

(i) The petitioner shall pay the overdue amount of Rs.1,62,071/-.(Rupees one lakh sixty two thousand and seventy one only) along with any accrued interest, cost and allied charges, in eight equal monthly installments, along with regular installments.

(ii) The first installment is to be paid on or before 23.03.2026 and the remaining installments on or before the 23rd day of every succeeding months, along with regular installments.

(iii) After making payment of the entire overdue amount along with regular installments, the petitioner shall continue to pay the regular installments till the entire loan liability is discharged.

(iv) In case of failure to make payment of the installments as directed above, the Bank shall be entitled to proceed for recovery, in accordance with law.

(v) Till such time, all coercive proceedings against the secured assets shall be deferred.

Sd/-

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