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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
A K Musthafa – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge against coercive actions under the sarfaesi act. (Para 1) |
| 2. request for installment payments and creditor's consent. (Para 2 , 3 , 4) |
| 3. judicial permission to regularise loan through structured payments. (Para 5 , 6) |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. BALAKRISHNAN, J.
J U D G M E N T
It is aggrieved by the coercive action taken by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the ‘SARFAESI Act' for short) 2002, this writ petition has been preferred by the petitioner.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent-Bank.
3. The learned counsel for the petitioner submits that an opportunity may be given to the petitioner to clear the overdue amount in installments.
4. The learned counsel for the respondent-Bank submitted that the bank has no objection in permitting the petitioner to clear the overdues with interest, by way of installments and regularise the loan account since, the same is only benefic
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