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2026 Supreme(Online)(Ker) 13578

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PAUL OUSEPH THERMADOM – Appellant
Versus
BANK OF MAHARASHTRA THRISSUR BRANCH – Respondent
WP(C) NO. 1775 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.G.SREEKUMAR (CHELUR)
For the Respondents: None

A borrower can resolve disputes regarding loan defaults by clearing dues, thereby negating the need for court adjudication.

Headnote:The court examined the proceedings under the SARFAESI Act initiated by a bank against the petitioner who had defaulted on a housing loan. It was found that the petitioner had cleared all dues, making further adjudication unnecessary. The petition was promptly closed. The court's determination was primarily concerned with the resolution of the loan repayment issue and the closure of the matter.

Result: The writ petition is closed.

Table of Content
1. details of loan and default. (Para 1)
2. resolution of repayment and closure of petition. (Para 2)

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

W.P.(C) No. 1775 of 2026 ========================

Dated 23rd day of February 2026 JUDGMENT The petitioner availed a housing loan from the respondent Bank in the year 2014 for an amount of Rs.10,00,000/- (Rupees ten Lakhs only) . Subsequently, he committed default in repayment of the loan instalments. On account of the said default, the respondent Bank initiated proceedings under the provisions of the SARFAESI Act . Aggrieved by the said proceedings, the petitioner has approached this Court by filing the present writ petition.

2. When the matter was taken up for consideration today, the learned counsel for the petitioner submitted that the entire arrears due to the Bank have been remitted and, consequently, the loan account stands regularised.

In view of the above, there is no further dispute requiring adjudication, and accordingly, this writ petition is closed.

Sd/-

BASANT BALAJI, JUDGE RMV APPENDIX OF WP(C) NO. 1775 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT FOR HOUSING LOAN EXECUTED ON 15.10.14 Exhibit P2 TRUE COPY OF THE NOTICE ISSUED DATED 5.6.24 Exhibit P3 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER WITH THE FIRST RESPONDENT BANK ISSUED VARIOUS DATES Exhibit P4 TRUE COPY OF THE PLAINT IN COMMERCIAL SUIT NO

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