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2024 Supreme(Online)(KER) 53755

HIGH COURT OF KERALA
ANILKUMAR – Appellant
Versus
STATE BANK OF INDIA – Respondent


J U D G M E N T

Dated this the 12th day of February, 2024 The petitioner has approached this Court aggrieved by the coercive proceedings for recovery of financial advance made by the State Bank of India to the petitioner, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The petitioner had availed Housing Loan, Top Up Loan, Insurance Loan and Term Loan from the respondent-Bank. The petitioner states that though the petitioner made remittances promptly during the initial repayment period of the financial advance, he could not pay the repayment instalments promptly later due to his father's treatment for Cancer. The repayment of loans fell into arrears. It happened due to reasons beyond the control of the petitioner.

3. Though the petitioner requested the Bank to permit the petitioner to repay the overdue amounts in easy monthly instalments, the Bank authorities were not yielding. The authorities, instead, started coercive proceedings, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Security Interest (Enforceme

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