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2026 Supreme(Online)(Ker) 14220

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SANAL KUMAR.C. – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) NO. 22323 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.VISHNU BHUVANENDRAN, SMT.B.ANUSREE, SMT.SREELAKSHMI B., SHRI.NOYAL JOHNY, SMT.AFEEFA AZIM
For the Respondents: SHRI.THOMAS ABRAHAM

Court permits repayment of overdue loan in instalments, ensuring regularization of loan accounts, subject to compliance with specified conditions.

Headnote:The judgment analyzes the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 while addressing the factual background where the petitioner defaulted on a mortgage loan. The Court finds merit in allowing the petitioner to repay overdue amounts in instalments while maintaining the respondent's right to recovery. The primary issue revolves around the petitioner’s plea for repayment facilitation, with the Court highlighting the necessity of timely payment conditions set forth. The final outcome permits the petitioner to regularize the loan upon fulfilling specified financial obligations, asserting that all coercive recovery actions will be suspended during compliance.

Table of Content
1. petitioner defaults on mortgage loan, seeks opportunity to repay. (Para 1 , 2)
2. respondent agrees to receive overdue amount in instalments. (Para 3)
3. conditions set for repayment and regularization of loan. (Para 4)

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

W.P.(C) No. 22323 of 2025 ========================

Dated 24th day of February, 2026 JUDGMENT The petitioner had availed a mortgage loan from the respondent Bank. Subsequently, he committed default in repayment of the loan amount as per the agreed terms. In view of the said default, the respondent Bank initiated recovery proceedings against the secured asset under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002. Aggrieved by the measures so initiated by the respondent Bank under the said Act, the petitioner has approached this Court by filing the present writ petition.

2. During the hearing, the petitioner confined the relief to an opportunity to repay the overdue amount in instalments and to obtain regularisation of the loan accounts.

3. It was submitted on behalf of the respondent Bank that the petitioner committed default in repayment of the housing loan, and the total overdue amount as on 24.02.2026 is Rs. 17,11,218/- (Rupees Seventeen Lakh Eleven Thousand Two Hundred and Eighteen Only). It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent Bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan accounts. This is recorded.

4. The petitioner was directed to remit ₹5,00,000/- as per the order dated 17.06.2025. However, the petitioner remitted only ₹1,00,000/-. Thereafter, by order dated 17.07.2025, the time for payment was extended. Even then, the petitioner did not remit the balance amount. Taking into consideration the payment of ₹1,00,000/- already made, the fact that the total overdue amount is ₹17,11,218/-, and that the loan term has not yet expired, the petitioner can be granted an opportunity to repay the total overdue amount on the following conditions, and if they are met, to have the loan accounts regularised.

1. The balance overdue amount, Rs. 17,11,218/- (Rupees Seventeen Lakh Eleven Thousand Two Hundred and Eighteen Only) along with any accrued interest, costs and charges, shall be paid in 17 equal monthly instalments starting from 20th March 2026 and subsequent instalments shall be paid on or before 20th of every succeeding months.

2. Petitioner shall continue to pay the regular EMIs/instalments along with the instalments directed above.

3. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed for recovery, in accordance with the law;

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

The writ petition is disposed of as above.

Sd/-

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