Kerala High Court
Jayaprakash K V vs Kerala State Co-Operative Bank Ltd on 23 February, 2026
WP(C) NO. 152 OF 2026
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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. 152 OF 2026
PETITIONER/S:
JAYAPRAKASH K V.,
AGED 52 YEARS
S/O AMMINI, THAKADIYEL, THAKADIYEL, THAMPALAKKAD,
KANJIRAPPALLY, KOTTAYAM, PIN - 686506
BY ADV SMT.ANUPAMA SUBRAMANIAN
RESPONDENT/S:
KERALA STATE CO-OPERATIVE BANK LTD.,
REPRESENTED BY AUTHORISED OFFICER, KANJIRAPPALLY MAIN
BRANCH, KANJIRAPPALLY MAIN, KANJIRAPPALLY, KOTTAYAM,
PIN - 686507
BY ADVS.
SRI.ATHUL SHAJI
SHRI.GAUTHAM H.
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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BASANT BALAJI J
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W.P.(C) No. 152 of 2026
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Dated 23rd day of February, 2026
JUDGMENT
The petitioner had availed a loan from the respondent Bank by
mortgaging his residential property. Subsequently, the petitioner
committed default in repayment of the loan amount as per the agreed
terms. In view of the said default, the respondent Bank initiated recovery
proceedings against the secured asset under the provisions of the
Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002. Aggrieved by the measures so initiated by
the respondent Bank under the said Act, the petitioner has approached
this Court by filing the present writ petition.
2. During the hearing, the petitioner confined the relief to an
opportunity to repay the overdue amount in instalments and to obtain
regularisation of the loan accounts.
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3. It was submitted on behalf of the respondent Bank that the
petitioner committed default in repayment of the housing loan, and the total
overdue amount as on 23.02.2026 is Rs.1,33,644/- (Rupees One Lakh
Thirty-Three Thousand Six Hundred and Forty-Four Only) It was further
submitted that though proceedings for recovery have been initiated, as a matter
of indulgence, the respondent Bank is willing to accept repayment of the
overdue amount in limited instalments and regularise the loan accounts. This is
recorded.
4. The petitioner has complied with the order dated 16.01.2026. Given
the above, the petitioner can be granted an opportunity to repay the total
overdue amount on the following conditions, and if they are met, to have the
loan accounts regularised.
1. The balance overdue amount, Rs.1,33,644/- (Rupees One
Lakh Thirty-Three Thousand Six Hundred and Forty-Four
Only) along with any accrued interest, costs and charges,
shall be paid in 10 equal monthly instalments starting from
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10th March 2026 and subsequent instalments shall be paid
on or before 10th of every succeeding months.
2. Petitioner shall continue to pay the regular
EMIs/instalments along with the instalments directed above.
3. In the event of default of any one instalment, the
respondent Bank shall be entitled to proceed for recovery, in
accordance with the law;
4. All coercive proceedings shall be kept in abeyance to enable
the petitioner to repay the entire amount directed above.
The writ petition is disposed of as above.
Sd/-
BASANT BALAJI, JUDGE
RMV
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APPENDIX OF WP(C) NO. 152 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE
RESPONDENT DATED 24.07.2025
Exhibit P2 A TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 15.07.2025