Bijith vs The Authorized Officer on 23 February, 2026

Kerala High Court

Bijith vs The Authorized Officer on 23 February, 2026

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WP(C) No.4016/2026
                                              2026:KER:17140

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE BASANT BALAJI

MONDAY,THE 23RD DAY OF FEBRUARY 2026/4TH PHALGUNA, 1947

                     WP(C) NO. 4016 OF 2026

PETITIONER:

           BIJITH, AGED 26 YEARS
           S/O.BALAKRISHNAN,OLAVATHURKUNNU,KRISHNAGIRI,S
           ULTHAN BATHERY,WAYANAD, PIN - 676528

           BY ADV SRI.M.R.SASITH


RESPONDENTS:

    1      THE AUTHORIZED OFFICER,
           CANARA BANK,MUTTIL NORTH BRANCH,MAHAVIR
           COMPLEX, NEAR PANCHAYAT OFFICE,MUTTIL
           NORTH,WAYANAD, PIN - 673122

    2      CANARA BANK, CANARA BANK,MUTTIL NORTH
           BRANCH,MAHAVIR COMPLEX, NEAR PANCHAYAT
           OFFICE,MUTTIL NORTH, WAYANAD,REPRESENTED BY
           ITS AUTHORIZED OFFICER, PIN - 673122

           BY ADVS.
           SHRI.M.GOPIKRISHNAN NAMBIAR
           SHRI.K.JOHN MATHAI
           SRI.JOSON MANAVALAN
           SRI.KURYAN THOMAS
           SHRI.PAULOSE C. ABRAHAM
           SHRI.RAJA KANNAN
           SMT.AKHILA NAMBIAR

           SRI. M. GOPIKRISHNAN NAMBIAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.4016/2026
                                                    2026:KER:17140



                            JUDGMENT

(Dated this the 23rd day of February, 2026)

The petitioner availed a housing loan of Rs.10 lakhs from

the 2nd respondent bank in the year 2024. Due to non-

repayment of the loan amount, the respondent initiated

proceedings under the SARFAESI Act, 2002, by issuing Ext.P1

notice dated 30.12.2025. Aggrieved by the same, the petitioner

filed this writ petition.

2. The learned Standing Counsel for the Bank, on

instructions, submits that the overdue amount as on date is

Rs.56,911/-. The Bank has no objection in regularizing the loan

account.

3. Having heard the learned counsel on both sides,

and taking note of the fact that the Bank is proposing to take

physical possession of the property and since the Bank has no

objection in regularizing the loan account, I deem it appropriate

to dispose of this writ petition with the following directions:
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WP(C) No.4016/2026

2026:KER:17140

a) The petitioner shall remit the overdue amount of

Rs.56,911/- (Rupees fifty six thousand nine hundred

and eleven only) together with any accrued interest,

cost and allied charges, in two (2) equated monthly

installments, the first instalment on or before 04.03.2026

and the second instalment on 04.04.2026.

b) The petitioner shall continue to pay the regular

EMIs/installments along with the installments as

directed above.

c) In the event of default of any one installment, the

respondent Bank shall be entitled to proceed for

recovery, in accordance with law.

d) All coercive proceedings shall be kept in abeyance to

enable the petitioner to repay the entire amount as

directed above.

Sd/-

BASANT BALAJI
JUDGE

ncd
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WP(C) No.4016/2026
2026:KER:17140

APPENDIX OF WP(C) NO. 4016 OF 2026

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE SAID DEMAND NOTICE
DATED 30/12/2025