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2026 Supreme(Online)(Ker) 14529

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MONICHAN K.P. – Appellant
Versus
THE REGISTRAR, OFFICE OF THE CO-OPERATIVE SOCITEIS – Respondent
WP(C) NO. 35897 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.ALEX K.JOHN, SHRI.ABHISHEK T.M., SMT.FIDA HUSNA P.P.
For the Respondents: SRI.ATHUL SHAJI, SRI.GAUTHAM H.

Court issued repayment directives, emphasizing compliance and terms for relief under the SARFAESI Act.

Headnote:The petitioner availed a loan from the respondent bank which led to proceedings under the SARFAESI Act due to non-repayment. The Court noted compliance with interim orders and the Bank's willingness to regularize account. The Court directed repayment of Rs.33,79,224 in installments, with recovery actions deferred, emphasizing conditions of default.

Table of Content
1. loan availed and proceedings initiated due to default. (Para 1 , 2)
2. bank's submission regarding overdue amount. (Para 3)
3. court's directive on payment of overdue amount. (Para 4)

JUDGMENT

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

The petitioner availed a loan from the respondent bank.

Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act , 2002, by issuing Ext.P1 notice dated 06.12.2024. Aggrieved by the same, the petitioner filed this writ petition.

2. On 29.09.2025, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.2,00,000/- 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.33,79,224/-. 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.33,79,224/- (Rupees thirty three lakhs seventy nine thousand two hundred and twenty four only) together with any accrued interest, cost and allied charges, in fifteen (15) equated monthly installments, starting from 15.03.2026 and the subsequent installments shall be paid on or before 15th of every succeeding months.

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

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

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

Sd/-

BASANT BALAJI JUDGE

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