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2026 Supreme(Online)(Ker) 14513

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANIL.P.S – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) NO. 1820 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.ITTY PAULSON, SMT.PAUL PAULSON T.
For the Respondents: SHRI.K.S.ARUN KUMAR

Court mandated installment repayment for pending loan dues, suspending recovery actions in a cooperative effort to resolve the financial default.

Headnote:The case concerns a loan agreement where the petitioner secured a loan of ₹15,00,000/- with his property as collateral. Due to default, the bank initiated SARFAESI proceedings. The court directed the petitioner to repay the overdue amount of ₹6,39,497/- in ten installments, deferring coercive measures until compliance. The decision emphasizes accommodating repayment terms within legal parameters.

Table of Content
1. loan obtained and default acknowledged. (Para 1 , 2)
2. petitioner seeks installment repayment. (Para 3)
3. court's directive for structured repayment and deferral of coercive actions. (Para 4)

JUDGMENT

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

The Petitioner availed a loan from the Respondent Bank in the year 2017 for an amount of ₹15,00,000/-. In order to secure the said loan, the Petitioner hypothecated his only residential property in favour of the Respondent Bank. 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.6,39,497/- (Rupees six lakhs thirty nine thousand four hundred ninety seven 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.6,39,497/- (Rupees six lakhs thirty nine thousand four hundred ninety seven 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 23rd 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/-

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