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2026 Supreme(Online)(Ker) 13211

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SABU. V. D. – Appellant
Versus
THE AXIS BANK LTD. – Respondent
WP(C) NO. 1778 OF 2026



Advocates:
For the Appellants/Petitioners: SRIP.S.SUJETH, SMT.M.R.REENA
For the Respondents: SRI.PRADEESH CHACKO, SHRI.ANIL MADATHIMALIL

The court endorses installment repayment for overdue loan amounts, deferring recovery actions pending compliance with the schedule.

Headnote:This judgment addresses a writ petition regarding loan repayment defaults under the SARFAESI Act. The Court identifies the outstanding amount and allows the petitioner to pay it in installments, ensuring a deferred recovery action until repayment is completed. The petitioner must adhere to the installment plan to avoid further proceedings.

Table of Content
1. loan default and recovery proceedings initiation. (Para 1)
2. petitioner seeks installment repayment for overdue amounts. (Para 2 , 3)
3. court's directions for repayment and deferral of recovery. (Para 4)

JUDGMENT

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

The petitioner had availed a loan from the respondent bank and the wife of the petitioner is a guarantor to the loan transaction. When default was committed in repayment, the respondent bank has initiated recovery proceedings under the SARFAESI Act . Subsequently, Section 14 measures had been initiated before the CJM Court at Kozhikode. The advocate commissioner appointed by the CJM Court has given an ultimatum to vacate the premises within 30 days.

2. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount comes to Rs.51,053/-.(Rupees fifty one thousand and fifty three 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.51,053/-.(Rupees fifty one thousand and fifty three only)

along with any accrued interest, cost and allied charges, in two equal monthly installments, along with regular installments.

(ii) The first installment is to be paid on or before 28.02.2026, and the remaining installment on or before the 28th day of the succeeding month, 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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