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2026 Supreme(Online)(Ker) 33074

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Sreehari S – Appellant
Versus
Hdfc Bank Limited – Respondent
WP(C) NO. 15275 OF 2026



Advocates:
For the Appellants/Petitioners: S. Sunil Kumar, Lekshmi S. Sekher, K.J. Sunil
For the Respondents: P. Sathisan, Shibu B.S, Razak M., Biju P. Paul, Alvin Jewel S.S., Vidhya T.U., Abhirami S, Leena Varghese, Daniel A.J., Sreekarthik S. Menon

The High Court may facilitate a consensual installment repayment plan for debts under the SARFAESI Act when the financial institution agrees, while preserving the creditor's right to resume coercive recovery actions in the event of default.

Headnote:The case involves a challenge to coercive recovery measures initiated by a financial institution under the SARFAESI Act, 2002. The petitioner sought relief against the enforcement actions taken regarding a vehicle loan. The court noted that the bank had shown willingness to accept payment of the outstanding dues in installments, which align with the institution's recovery interests. The primary issue concerns whether a borrower can be granted an opportunity to regularize a debt through installments to avoid coercive repossession. The ratio decidendi established that where a creditor consents to staggered repayment to recover financial dues, the court may facilitate such an arrangement, provided strict default conditions are imposed to maintain the legality of the underlying recovery process. The petition is disposed of with the direction that the debtor shall pay the total outstanding amount in four equal monthly installments, failing which the financial institution is at liberty to resume coercive actions as per law.

J U D G M E N T Dated this the 1st day of June, 2026 It is aggrieved by the coercive action 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 respondent submitted that the bank has no objections in permitting the petitioner to clear the entire outstanding amount, by way of installments since, the same is only beneficial to it. He also submitted that the total outstanding amount as on today, is Rs.3,57,060/- (Rupees Three Lakhs Fifty Seven Thousand and Sixty only).

4. 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 clear the entire outstanding amount of Rs.3,57,060/- (Rupees Three Lakhs Fifty Seven Thousand and Sixty only), along with any accrued interest, costs and charges on the following conditions:-

(i) The petitioner shall pay the entire outstanding amount of Rs.3,57,060/- (Rupees Three Lakhs Fifty Seven Thousand and Sixty only) along with any accrued interest, costs and charges in 4 equal monthly installments commencing from the month of June, 2026 and such payments shall be paid on or before 30th of every month;

(ii) If the petitioner complies with the afore order, no coercive steps shall be taken by the respondent and in the event of default of any one installment, the respondent bank can continue with the coercive steps already taken as per law.

(iii) In case the petitioner complies with the afore order, the respondent shall handover the possession of the vehicle back to the petitioner forthwith.

This writ petition is disposed of as above.

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