Court allows installment payment for overdue mortgage while abeying coercive recovery steps.

JUDGMENT

(Dated this the 26th day of February, 2026)

The petitioner availed a mortgage loan of Rs.6,30,000/-.

Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act, 2002 , by issuing Ext.P1 notice dated 26.12.2025. Aggrieved by the same, the petitioner filed this writ petition.

2. On 20.01.2026, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.50,000/- within one month. It is submitted that the petitioner deposited only Rs.15,000/-..

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.2,16,456/-. 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.2,16,456/- (Rupees two lakhs sixteen thousand four hundred and fifty six only) together with any accrued interest, cost and allied charges, in eight (8) equated monthly installments, starting from 20.03.2026 and the subsequent installments shall be paid on or before 20^th 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