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2026 Supreme(Online)(Ker) 17348

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
CLEETUS Y – Appellant
Versus
THE AUTHORIZED OFFICER, INDIAN BANK, KOTTARAKKARA BRANCH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH
For the Respondents: SRI. BINOY VASUDEVAN, SC

Table of Content
1. borrower defaulted on loan. (Para 1)
2. interim order not complied. (Para 2)
3. writ petition dismissed. (Para 3)

JUDGMENT

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

The petitioner availed a loan of Rs.12,00,000/-

(Rupees Twelve Lakhs Only) on 22.09.2020 from the 2nd respondent Bank. For availing the loan, the petitioner had mortgaged all part and parcel of property having an extent of 4.05 Ares in Re.Sy No.404/8-5 and 2.83 Ares in Re.Sy.No.404/23-2 in Block No.23, Kottarakkara Village, Kottarakkara Taluk, Kollam District, as security for the above 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 of the petitioner 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. On 30.01.2026, this Court granted an interim order deferring the coercive steps against the p

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