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HomeHigh CourtKerala High CourtThe Authorised Officer vs P Ahamed Koya on 22 January, 2026

The Authorised Officer vs P Ahamed Koya on 22 January, 2026


Anil K. Narendran, J.

The authorised officer of the Union Bank of India, the

respondent in W.P.(C)No.35758 of 2025, has filed this writ appeal,

invoking the provisions under Section 5(i) of the Kerala High Court

Act, 1958, challenging the interim orders dated 19.12.2025,

13.01.2026 and 15.01.2026 passed by the learned Single Judge

in W.P.(C)No.35758 of 2025, which was one filed by the

respondent herein-petitioner, who availed a cash credit loan to the

limit of Rs.90,00,000/- on 19.04.2002, for a period of 12 months,

subject to renewal; a housing loan for Rs.6,75,000/- on

16.04.2012, for a period of 12 years, which expired in the year

2024; and a vehicle loan for Rs.7,50,000/- on 12.02.2014, for a

period of 84 months from the Union Bank of India. On account of

default committed by the petitioner in effecting repayment, the

accounts were classified as Non-Performing Assets (NPA) on

30.11.2019 and 31.01.2020, respectively, and the bank initiated

coercive steps under the provisions of Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 (SARFAESI Act), by issuing demand notices on

04.12.2019 and 05.02.2020, respectively. In the proceedings

2026:KER:5521

initiated under Section 14 of the SARFAESI Act, Ext.P1 notice

dated 10.09.2025 was issued by the Advocate Commissioner

appointed by the Chief Judicial Magistrate, Kollam in M.C.No.1183

of 2025, vide Ext.P2 order dated 06.08.2025. The petitioner, along

with his son, had approached this Court in W.P.(C)No.12457 of

2024, challenging the coercive steps initiated by the bank under

the provisions of the SARFAESI Act. The said writ petition was

disposed of by Ext.P3 judgment dated 04.04.2024, whereby the

petitioners therein were directed to remit the outstanding amount

of Rs.1,03,44,640/- in 12 consecutive and equal monthly

installments, along with accruing interest and other bank charges,

if any, and the first instalment was directed to be paid on or before

04.05.2024. Paragraphs 9 to 11 of Ext.P3 judgment read thus;



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