IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
VINEESH A V – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 47854 OF 2025
| Table of Content |
|---|
| 1. challenge to coercive measures under sarfaesi act. (Para 1 , 2) |
| 2. petitioner's request for installment repayment. (Para 3 , 4) |
| 3. court's decision on repayment terms. (Para 5) |
JUDGMENT
Dated this the 30th day of March, 2026 It is aggrieved by the coercive steps taken by the 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 respondent.
3. The learned counsel for the petitioner submits that an opportunity may be given to the petitioner to clear the outstanding amount in the KB Covid Sureksha loan acount and overdue amount in the house loan account, in installments.
4. The learned counsel for the respondent submitted that the total outstanding amount in the KB Covid Sureksha loan account, as on 24.03.2026, is Rs.1,02,500/- (Rupees One Lakh Two Thousand and Five Hundred and Forty Seven only). He also submitted that in the house loan account of the petitioner, the total overdue, as on 30.03.2026 is, Rs.3,04,000/- (Rupees Three Lakhs Four Thousand only). He further submitted that the bank has no objections in permitting the petitioner to clear the afore dues in installments since, the same is only beneficial to it.
5. Hence, considering the submissions made by the learned counsel for the respondent and the facts and circumstances of this case, I am of the view that the petitioner can be granted an opportunity to repay the entire outstanding amount of Rs.1,02,500/- (Rupees One Lakh Two Thousand and Five Hundred and Forty Seven only) KB Covid Sureksha loan account, along with any accrued interest, costs and charges in installments. Similarly, I am of the view that the petitioner can also be permitted to clear the overdue amount of Rs.3,04,000/- (Rupees Three Lakhs Four Thousand only) in the house loan account, with interest, in installments and regularise the account, subject to terms.
Accordingly, this writ petition is allowed as follows:
(i) The petitioner shall remit the outstanding amount, along with any accrued interest, costs and charges and also the overdue amount, with interest, in fifteen equal monthly installments starting from April, 2026 and such installments shall be paid on or before 25th of every month;
(ii) The petitioner shall also continue to pay the regular EMIs/Installments along with the installments as directed afore;
(iii) If the petitioner complies with the above directions, the respondent shall regularise the KB Covid Sureksha loan account; and (iv) In case the petitioner fails to comply with any of the conditions as stated afore, the respondents will be at liberty to continue with the coercive steps already taken against the petitioner.
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