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2026 Supreme(Online)(Ker) 13941

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NASIMUDEEN SHAHUL HAMEED – Appellant
Versus
INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT.S.MUMTAZ, SMT.ALISHA ASLAM, SMT.AMINA RUBY FAIZAL, SMT.BHAVANA VIJAYAKUMAR, SHRI.ASHWANTH PADMAN
For the Respondents: SRI. BINOY VASUDEVAN, SC

JUDGMENT

Dated this the 26th day of February, 2026 The petitioner availed a housing loan from the respondent-Bank for a sum of Rs.12,80,000/-. Since there was default in repayment, the respondent issued notice under Section 13(2) of the SARFAESI Act for clearing the outstanding liability. Later, notice under Section 13(4) was issued.

2. On 03.02.2026, an interim order was passed by this Court deferring the coercive steps against the petitioner on condition that the petitioner remits an amount of Rs.75,000/- within one month. It is submitted that the said interim order has been complied with.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.2,69,900/-. The Bank has no objection in regularizing the loan account.

4. Having heard the learned counsel on both sides, and taking note of the fact that the Bank is proposing to take physical possession of the property and since the Bank has no objection in regularizing the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall remit the overdue amount of Rs.2,69,900/-

together with any accrued interest, costs and al

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