The court upheld the agreement between parties for a structured repayment plan under SARFESI, balancing lender rights and borrower protection.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 26^TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 WP(C) NO. 7370 OF 2026 PETITIONER/S:

PRIYA, AGED 54 YEARS W/O. PANCHAT ANIL KUMAR, PANCHAT HOUSE, PERUMBILISHERRY DESOM, CHERPU P.O., CHOVOOR VILLAGE, THRISSUR TALUK, THRICHUR TALUK, THRISSUR, PIN – 680561.

BY ADV SHRI.VIJAYAN.K RESPONDENT/S:

1 THE THRISSUR URBAN CO-OPERATIVE BANK LTD, NO: 87, HEAD OFFICE, MISSION QUARTERS, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 680001

2 AUTHORISED OFFICER, THRISSUR URBAN CO-OPERATIVE BANK LTD, NO: 87, HEAD OFFICE, MISSION QUARTERS, THRISSUR DISTRICT,, PIN - 680001 SRI. DEVAPRASANTH P.J., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 26^th day of February, 2026 The petitioner along with her husband availed a mortgaged loan from the respondent-Bank for a sum of Rs.15,00,000/-. Since there was default in repayment, the respondents initiated proceedings under the SARFESI Act. The petitioner approached the bank with a representation seeking to pay off the overdue amount in installments. But, the respondent informed the petitioner that they will take physical possession of the property on 28.02.2026.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.5,23,570/-. The Bank has no objection in regularizing the loan account.

3. 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 pay a lumpsum amount of Rs.1,00,000/-

(Rupees one lakh only) on or before 15.03.2026.

b) The petitioner shall remit the overdue amount of Rs.5,23,570/-

together with any accrued interest, costs and allied charges, in five equated monthly installments, starting from 15.04.2026 and the subsequent installments shall be paid on or before 15^th of every succeeding month.

c) The petitioner shall continue to pay the regular EMIs/installments along with the installments as directed above.

d) In the event of default of any one installment, the respondent Bank shall be entitled to proceed for recovery in accordance with law.

e) All coercive proceedings shall be kept in abeyance to enable the petitioner to repay the entire amount as directed above.

Sd/-

BASANT BALAJI JUDGE Sru PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REMITTANCE VOUCHER DATED 09/02/2026 Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 20/02/2026