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2026 Supreme(Online)(Ker) 13335

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
VAHEEDA MALAYILAKATH – Appellant
Versus
THE BALUSSERI CO-OPERATIVE URBAN BANK LTD – Respondent
WP(C) NO. 926 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.M.B.SHYNI, SHRI.V.R.ANILKUMAR, SHRI.RAJESH KUMAR R., SHRI.SARAFUDHEEN T., SHRI.ELDHOSE JOY, SMT.VISHNUJA BIJU, SHRI.AMARJITH VADUVANKUTY, SMT.NIHALA AHAMMED KABEER K.
For the Respondents: SRI.M.VIVEK RABINDRANATH, SRI.V.T.MADHAVANUNNI

Court permits repayment of overdue loan amounts in installments, balancing debtor's rights with lender's recovery interests.

Headnote:The petitioner's mother availed a loan, leading to a default in repayments, resulting in the Bank initiating recovery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Bank agreed to allow the petitioner an opportunity to repay overdue amounts in instalments. The issue was whether the petitioner could regularise her loan accounts upon meeting specific conditions. The Court found in favor of the petitioner, allowing repayment in instalments and ordered the Bank to hold recovery proceedings in abeyance. The writ petition is disposed of as above.

Table of Content
1. loan taken by petitioner's mother under scrutiny. (Para 1)
2. petitioner seeks installment repayment opportunity. (Para 2 , 3)

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

W.P.(C) No. 926 of 2026 ========================

Dated 20th day of February, 2026 JUDGMENT The petitioner’s mother had availed a loan in the year 2019 for an amount of Rs.21,00,000/- from the respondent Bank. Subsequently, the petitioner committed default in repayment of the loan amount. 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. Aggrieved by the measures so initiated by the respondent Bank under the said Act, the petitioner has approached this Court by filing the present writ petition.

2. During the hearing, the petitioner confined the relief to an opportunity to repay the overdue amount in instalments and to obtain regularisation of the loan accounts.

3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the housing loan, and the total overdue amount as on 20.02.2026 is Rs.9,58,677/- (Rupees Nine Lakhs Fifty-Eight Thousand Six Hundred and Seventy-Seven only). It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent Bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan accounts. This is recorded.

4. It is submitted that the petitioner has complied with the order dated

09.01.2026. Given the above, the petitioner can be granted an opportunity to repay the total overdue amount on the following conditions, and if they are met, to have the loan accounts regularised.

1. The balance overdue amount, Rs.9,58,677/- (Rupees Nine Lakhs Fifty-Eight Thousand Six Hundred and Seventy-Seven only) along with any accrued interest, costs and charges, shall be paid in 10 equal monthly instalments starting from 10th March 2026 and subsequent instalments shall be paid on or before 10th of every succeeding months.

2. Petitioner shall continue to pay the regular EMIs/instalments along with the instalments directed above.

3. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed for recovery, in accordance with the law;

4. All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount directed above.

The writ petition is disposed of as above.

Sd/-

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