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2026/KER/49097

2026:KER:49097

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

MONDAY, THE 6^TH DAY OF JULY 2026 / 15TH ASHADHA, 1948

WP(C) NO. 42786 OF 2025

PETITIONER:

ANIL KUMAR K.S.,

AGED 56 YEARS, S/O. SIVAN PILLA,

SREEVILASOM, KANAM P.O, VAZHOOR VILLAGE,

KOTTAYAM, PIN - 686515

BY ADVS.

SHRI.ARUN RAJ

SHRI.AKHIL RAJ B.

SHRI.SRAVAN M.S.

SHRI.VISHNU VIJAYAN

RESPONDENT:

CANARA BANK,

PAMPADY BRANCH, KOTTAYAM DISTRICT,

REPRESENTED BY ITS AUTHORISED OFFICER,

PIN - 686502

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 06.07.2026, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

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P.V. BALAKRISHNAN, J.

….......................................

W.P.(C)No.42786 of 2025

….....................................................

Dated this the 6^th day of July, 2026

JUDGMENT

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 counsel for the respondent.

3. The learned counsel for the petitioner submits that an

opportunity may be given to the petitioner to clear the entire

outstanding amount in the KCC account and the entire overdue

amount in the GECL loan account and in the OD account, in

installments.

4. The learned counsel for the respondent submitted

that the bank has no objections in permitting the petitioner to

clear the entire dues, by way of installments since, the same is

only beneficial to it. He also submitted that the total

outstanding amount in the KCC account as on 04.07.2026, is

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Rs.8,12,185/- (Rupees Eight Lakhs Twelve Thousand One

Hundred and Eighty Five only) and the total overdue amount in

the GECL loan account and in the OD account, is Rs.2,41,002/-

(Rupees Two Lakhs Forty One Thousand and Two only).

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 clear the afore dues, in

installments, subject to terms.

(i) The petitioner shall remit the entire overdue

amount of Rs.2,41,002/- (Rupees Two Lakhs Forty One

Thousand and Two only) in the GECL loan account and

in the OD account with interest, in 2 equal monthly

installments commencing from July, 2026 and such

payments shall be made on or before the end of each

month;

(ii) Thereafter, the petitioner shall remit the entire

outstanding amount of Rs.8,12,185/- (Rupees Eight

Lakhs Twelve Thousand One Hundred and Eighty Five

only) in the KCC account with interest and charges,

in 8 equal monthly installments commencing from

September, 2026 and such payments shall be made on

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or before the end of every month;

(iii) 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

bank can continue with the coercive steps already

taken as per law.

This writ petition is disposed of as above.

Sd/-

P.V. BALAKRISHNAN,

JUDGE

Dxy

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APPENDIX OF WP(C) NO. 42786 OF 2025

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF 13(2) NOTICE DATED

16.09.2025ISSUED BY THE RESPONDENT BANK

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