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2026 Supreme(Online)(Ker) 14898

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JOSE KURIAN – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT. ALISHA ASLAM
For the Respondents: SHRI. K.P. SUDHEER

BASANT BALAJI J ======================

W.P. (C) No. 7345 of 2026 ========================

Dated 26th day of February 2026 JUDGMENT The petitioner availed two loans ( Housing Loan of Rs.10,00,000/-

and an Overdraft (OD) facility of Rs.5,00,000/) from the respondent Bank in the year 2012, by mortgaging property having an extent of 70 cents comprised in Sy. No. 132/2 (Old Sy. Nos. 786 & 787) of Vadakkethara Village, Thalappilly Taluk, Thrissur District, which is owned by the petitioner’s wife, as security for the loan transaction. Subsequently, the petitioner committed default in repayment of the loan amount as per the agreed terms. In view of the said default, the respondent Bank initiated recovery proceedings against the secured asset under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

Aggrieved by the measures so initiated by the respondent Bank under the said Act, the petitioner has approached this Court by filing the present writ petition.

2. The learned counsel for the respondent Bank submits that the petitioner has availed two loan facilities, namely, a housing loan and an overdraft facility. The outst

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