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2026 Supreme(Online)(Ker) 14868

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANUPAMA C – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) – Respondent
WP(C) NO. 2426 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.MANU RAMACHANDRAN, SRI.M.KIRANLAL, SRI.T.S.SARATH, SHRI.SAMEER M NAIR, SMT.SAILAKSHMI MENON, SMT. AASHI K. SHAJAN, SHRI.HAFEEZ MUHAMMED, SMT.BINITHA MARIA THOMAS, SMT.AKZA SUSAN BENCY
For the Respondents: SHRI.JOICE GEORGE

The court establishes a repayment plan for overdue amounts while deferring coercive actions against secured assets.

Headnote:The petitioner availed a loan under the provisions of the SARFAESI Act, securing it with property. Following default, the bank initiated recovery proceedings. Upon hearing, the court directed a repayment plan consisting of 8 equal installments for the overdue amount with continued regular payments. Failure to comply allows the bank to recover legally while deferring coercive measures.

Result: Writ petition disposed with specific repayment directions.

Table of Content
1. loan availed and subsequent default leading to recovery proceedings. (Para 1 , 2)
2. petitioner seeks indulgence for repayment plan. (Para 3)
3. court directs specific repayment method with conditions. (Para 4)

JUDGMENT

(Dated this the 27th day of February, 2026)

The petitioner availed a loan from the respondent bank for an amount of 14 lakhs by mortgaging the property of 6.90 Ares of land with residential house therein situated in Resurvey no.22/14 of Adoor, Pathanamthitta District. When there was default in repayment, the bank initiated proceedings under the SARFAESI Act .

2. The learned Standing Counsel appearing for the respondents, on instructions, submits that as on today, the total overdue amount comes to Rs.2,40,761/-.

3. The counsel for the petitioner submits that the petitioner had complied with the order dated 22.01.2026, and now 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.2,40,761/- (Rupees two lakh forty thousand seven hundred sixty one only) along with any accrued interest, cost and allied charges, in 8 equal monthly installments, along with regular installments.

(ii) The first installment is to be paid on or before 27.03.2026, and the remaining installments on or before the

27th day of every succeeding months.

(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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