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2026 Supreme(Online)(Ker) 21904

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SAKEER T.P. – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 41897 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.P.ARUN
For the Respondents: SRI.GILBERT GEORGE CORREYA

A petitioner can avoid coercive bank actions by complying with payment schemes under the SARFAESI Act.

Headnote:The judgment analyzes the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, highlighting the issuance of a coercive action by the bank against the petitioner for failing to comply with a payment scheme. The court finds that the petitioner is willing to settle the amount due and disposes of the writ petition, directing the payment to avoid coercive steps. The primary issue framed is whether the coercive action is justified under the Act given the petitioner's willingness to comply. The court emphasizes that successful payment will inhibit the bank's action against the petitioner.

Table of Content
1. court's jurisdiction under sarfaesi act. (Para 1 , 2)
2. petitioner's willingness to settle. (Para 3 , 4)

JUDGMENT

It is aggrieved by the coercive action taken by the 1st respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter referred to as the ‘SARFAESI Act' for short), this writ petition has been preferred by the petitioner.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent.

3. The learned Standing Counsel for the 1st respondent submitted that, an One Time Settlement facility has been granted to the petitioner and as per the OTS scheme, an amount of Rs.49,30,000/- (Rupees Forty Nine Lakhs Thirty Thousand only), has to be remitted on or before 31.03.2026.

4. The learned counsel for the petitioner submitted that, the petitioner is willing to pay the afore amount, before

31.03.2026 and close the account.

In the light of the said submissions, this writ petition is disposed of, directing the petitioner to pay a sum of Rs.49,30,000/- (Rupees Forty Nine Lakhs Thirty Thousand only), to the bank, on or before 31.03.2026, as per the OTS scheme. If such payment is made by the petitioner, no coercive steps shall be taken by the 1st respondent against the petitioner.

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