Court balanced the lender's right to recover dues with provisions for borrower repayment, ordering installment payment to avoid coercive action.

JUDGMENT

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

The Petitioner herein along with her husband has obtained a housing loan from the Respondent bank mortgaging their property having an extent of 1.82 Ares together with building in, Re Sy No 98/11/6/2, Vilappil Village, Kattakada Taluk, Thiruvananthapuram, for a period of 15 years, the loan amount is Rs. 26,25,000/ - (Rupees Twenty-six lakhs twenty-five thousand only). When there was default in repayment, the bank initiated SARFAESI proceedings against the petitioner.

2. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount comes to Rs.2,86,000/- (Rupees two lakh eighty six thousand 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.2,86,000/- (Rupees two lakh eighty six thousand only) along with any accrued interest, cost and allied charges, in ten equal monthly installments, along with regular installments.

(ii) The first installment is to be paid on or before 23.03.2026, and the remaining installments on or before the 23^rd day of every succeeding months, 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/-