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2026 Supreme(Online)(Ker) 12906

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MAHENDRAN – Appellant
Versus
MAHINDRA RURAL HOUSING FINANCE LTD – Respondent
WP(C) NO. 6801 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.C.BHASKARAN, SHRI.ARJUN C BHASKAR, SHRI.VISHNU C. BHASKAR, SHRI.ATHUL KRISHNA A., SHRI.MOHAMMED SHAD K.A., SMT.UMAVATHY C.S.
For the Respondents: SRI. P. PAULOCHAN ANTONY, SC

Court allows the petitioner to seek a One Time Settlement for loan repayment default under applicable financial regulations.

Headnote:The petitioner availed a housing loan of Rs.2,80,000/- from the finance company and defaulted in repayment, prompting recovery proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court dismissed previous writ petition yet allowed the petitioner a chance for One Time Settlement upon mediation. The relief sought was directing respondents to consider specific representations. The respondents agreed to furnish the statement of account within two days. Writ petition stands closed.

Table of Content
1. court observed obligations of respondents toward the petitioner. (Para 1)
2. petitioner had taken housing loan but defaulted on payments. (Para 2 , 3 , 4)
3. court closed the petition after directing respondents. (Para 5)

BASANT BALAJI J ======================

W.P. (C) No. 6801 of 2026 ========================

Dated 23rd day of February 2026 JUDGMENT The learned standing counsel takes notice for the respondents 1 to 3.

2. The petitioner had availed a housing loan of Rs.2,80,000/- from the

1st respondent finance company on 30.03.2014. Subsequently, he committed default in repayment of the loan amount as per the agreed terms. In view of the said default, the respondent Bank initiated recovery proceedings against the secured asset under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

3. Aggrieved thereby, the petitioner earlier approached this Court by filing W.P.(C) No.21205 of 2025. The matter was referred for mediation, and mediation was conducted on 04.12.2025. During the mediation, the petitioner agreed to settle the liability by remitting a total amount of Rs.5,00,000/- as full and final settlement in two instalments—Rs.2,50,000/- on or before 29.12.2025 and Rs.2,50,000/- on or before 27.01.2026. Subsequently, by judgment dated 12.01.2026 in W.P.(C) No.21205 of 2025, this Court dismissed the writ petition without prejudice to the petitioner’s right to approach the respondent Bank for a One Time Settlement on the ground that the mediation agreement could not be acted upon as the petitioner had not complied with its terms.

4. The limited relief sought by the petitioner is for a direction to the respondents to consider Exts.P2 to P4 representations within a time frame. Exts.P2 and P3 are the representations dated 04.02.2026 submitted by the petitioner seeking issuance of the complete statement of account.

5. The learned counsel for the respondents submits that the statement of account will be furnished to the petitioner within a period of two days from today.

This is recorded and the writ petition stands closed.

Sd/-

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