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2026 Supreme(Online)(Ker) 13344

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
REKHA JYOTHISH – Appellant
Versus
THE AUTHORIZED OFFICER, THE KERALA STATE COOPERATIVE BANK LTD – Respondent
WP(C) NO. 46385 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH
For the Respondents: SHRI.JOICE GEORGE

The court emphasized the necessity of complying with interim orders and the availability of statutory remedies against bank actions.

Headnote:This writ petition seeks permission for installment payment of overdue amounts on a bank loan, but is opposed due to non-compliance with a prior court order. The court notes the option to approach the DRT for statutory remedy as per South Indian Bank Ltd v. Naveen Mathew Philip. The petition is dismissed.

Table of Content
1. loan availed and default details. (Para 1 , 2)
2. petitioner's request for repayment in installments. (Para 3)
3. court cites prior compliance requirement. (Para 4)

JUDGMENT

Dated this the 20th day of February, 2026 The petitioner has availed a loan of Rs. 15,00,000/- in the year 2016 from the 2nd respondent Bank for a period of 10 years. For availing the said loan, the petitioner had mortgaged all part and parcel of the land, having an extent of 10.52 Ares of land comprised in Survey No. 182/4A1, 4A3, 183/1B1, 773/1 in Perunadu Village, Ranni Taluk, Pathanamthitta District, as security for the above loan transaction.

2. When there was default in the repayment, the bank initiated SARFAESI proceedings against the petitioner.

3. The present writ petition is filed to allow the petitioner to pay the overdue amount in installments and regularize the loan. The learned counsel for the respondent vehemently opposes the same and submitted that on 15.01.2026, this Court directed the petitioner to remit an amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) within one month from that day. When the matter is taken up for consideration today, the learned counsel for the respondent submits that the petitioner did not comply with the above order. Therefore, no indulgence can be granted to this petitioner.

4. Having heard the learned counsel for the petitioner as well as the learned counsel for the respondent and taking note of the fact of non-compliance with the interim order as well as the efficacious statutory remedy available as held in the decision of the Hon’ble Apex Court in South Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311] , it is for the petitioner to approach the DRT against the proceedings initiated by the bank. Hence, I am not inclined to entertain this writ petition and it stands dismissed.

Sd/-

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