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2026 Supreme(Online)(Ker) 14206

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRABHA Y – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JOSE ANTONY, SRI.S.SHIV SHANKAR
For the Respondents: SRI. P. C. SASIDHARAN, SC

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

OP (DRT) No.59 of 2026 ========================

Dated 24th day of February 2026 JUDGMENT The Original Petition has been filed challenging the notice dated

24.09.2025 issued by the Advocate Commissioner proposing to take physical possession of the secured asset. Pursuant to the said notice, the petitioner filed S.A.No. 647 of 2025 along with I.A. No. 3865 of 2025 seeking stay of further proceedings. By order dated 24.10.2025, the Tribunal granted a conditional stay directing the petitioner to deposit a sum of Rs. 8,00,000/- on or before 22.11.2025 as the first instalment and a further sum of Rs. 8,00,000/- on or before 22.12.2025 as the second instalment. The petitioner, due to financial constraints, was unable to remit the first instalment within the stipulated time and therefore filed I.A. No. 4505 of 2025 seeking extension of time. By order dated 28.11.2025 (Ext. P4), the Tribunal granted extension, specifically observing that it was the last opportunity and that, in the event of default, the interim order would stand automatically vacated without any further extension. Aggrieved by the said order (Ext. P4) and the consequences arising therefr

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