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2026 Supreme(Online)(Ker) 14897

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANJU MANIKUTTAN – Appellant
Versus
ICICI BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.LLOYD JOHN
For the Respondents: SRI. LAL K. JOSEPH, SC

The petitioner availed loan of ₹2,54,26,883/- from the respondent Bank and a second top-up loan of ₹41,49,831/-. Upon default in repayment, the respondent initiated proceedings under the SARFAESI Act by issuing notice under Section 13(2), and a possession notice was subsequently issued by the Advocate Commissioner.

2. The petitioner had earlier approached this Court by filing W.P.(C)No.21250/2022, and by Ext.P1 judgment, this Court permitted the petitioner to remit ₹10,00,000/- on or before 06.07.2022, and the balance overdue amount in six monthly installments. Though the petitioner has paid some amount, the directions were not fully complied with. The petitioner has also filed S.A.No.227/2022 challenging the earlier possession notice. On account of non-payment as per Ext.P1, a fresh notice was issued by the Advocate Commissioner as Ext.P2 for taking physical possession on 26.02.2026.

3. The learned counsel for the respondent submits that the petitioner suppressed the fact of filing of S.A.No.227/2022 in the present writ petition and therefore, no indulgence can be granted. Moreover, the petitioner was already granted an opportunity to pay the amounts in installments, which has not

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