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2026 Supreme(Online)(Ker) 13339

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GIREESH K.M – Appellant
Versus
THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 4648 OF 2026



Advocates:
For the Appellants/Petitioners: K.V. SREE VINAYAKAN, COLIN ALEX, APPU BABU
For the Respondents: P. C. SASIDHARAN, SC

Court allows debtor an opportunity to repay overdue loan amount in installments under cooperative bank provisions.

Headnote:The petitioner, having defaulted on a ₹5,00,000/- loan from the respondent Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, sought relief. The Court found merit in allowing repayments in installments to regularize the loan. The key issues were whether the petitioner could be granted an opportunity to repay overdue amounts and the reasoning of the court acknowledged the Bank's willingness for a structured repayment plan. The final ruling allowed the petitioner to repay in 15 installments with conditions set forth by the court.

Table of Content
1. the petitioner defaulted on loan repayment. (Para 1 , 2)
2. the bank offered installment repayment conditions. (Para 3 , 4)

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

W.P.(C) No. 4648 of 2026 ========================

Dated 20th day of February, 2026 JUDGMENT The petitioner had availed a loan in the year 2017 for an amount of ₹5,00,000/- from the respondent Bank. Subsequently, the petitioner 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. 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.6,35,241/- (Rupees Six Lakhs Thirty Five Thousand Two Hundred and Forty One 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

06.02.2026. 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.6,35,241/- (Rupees Six Lakhs Thirty Five Thousand Two Hundred and Forty One Only) along with any accrued interest, costs and charges, shall be paid in 15 equal monthly instalments starting from

20th March 2026 and subsequent instalments shall be paid on or before 20th 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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