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2026 Supreme(Online)(Ker) 15791

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
Raghunathan – Appellant
Versus
Kerala State Co-Operative Bank Ltd. – Respondent
WP(C) NO. 5806 OF 2026



Advocates:
For the Appellants/Petitioners: Sri.N.Satheesh Kumar, Shri.Santhoshkumar N.
For the Respondents: Shri.K.S.Arun Kumar

Parties in financial distress can negotiate repayment terms, impacting the enforcement of recovery actions.

Headnote:This case involves a writ petition challenging the proceedings initiated by the Kerala State Co-Operative Bank under the SARFAESI Act, 2002 for loan recovery. The petitioner, having availed a loan of Rs.13 lakhs, disputes the bank's action following non-repayment. It was determined that the petitioner shall pay a lumpsum of Rs.5,00,000/- followed by installments to avoid coercive recovery actions. The court held that all coercive proceedings shall be kept in abeyance to facilitate repayment.

Table of Content
1. details of loan taken by the petitioner. (Para 1)
2. bank's position and outstanding amount. (Para 2)
3. court's conclusion and repayment directions. (Para 3)

JUDGMENT

(Dated this the 5th day of March, 2026)

The petitioner availed a loan of Rs.13 lakhs 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 06.01.2026. Aggrieved by the same, the petitioner filed this writ petition.

2. The learned Standing Counsel for the Bank, on instructions, submits that the outstanding amount as on date is Rs.20,34,565/-. The Bank has no objection in regularizing the loan account.

3. 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 pay a lumpsum amount of Rs.5,00,000/- (Rupees five lakhs only) within a period of one month from today.

b) After making the payment of Rs.5,00,000/- as directed above, the petitioner shall pay the remaining outstanding amount together with allied interest and other charges in ten (10) equal monthly installments. starting from 10.05.2026 and the subsequent installments shall be paid on or before 10th of every succeeding months.

c) In case of failure to make payment of the lumpsum amount of Rs.5,00,000/- or any of the installments as directed above, the 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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