Kerala High Court
Deepa Prakash vs Kerala State Co-Operative Bank Limited on 8 January, 2026
WPC 44341/2025
-1-
2026:KER:1157
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
WP(C) NO. 44341 OF 2025
PETITIONER/S:
DEEPA PRAKASH,
AGED 47 YEARS
W/O PRAKASH,KOLLAMPARAMBIL HOUSE,MAMMADIKANAM
P.O,RAJAKKAD, UDUMBANCHOLA,IDDUKKI DISTRICT, PIN - 685566
BY ADV SMT.KAVERY S THAMPI
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE BANK LIMITED,
RAJAKKAD BRANCH, IDDUKKI DISTRICT,REPRESENTED BY ITS
MANAGER, PIN - 685602
2 THE AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LIMITED,RAJAKKAD,
IDDUKKI DISTRICT, PIN - 685602
BY ADV SHRI.K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 44341/2025
-2-
2026:KER:1157
JUDGMENT
(Dated this the 8th day of January 2026) The petitioner had availed two credit facilities from the 1 st respondent Bank. Due to default in repayment of the loan, the Bank initiated proceedings under the SARFAESI Act, 2002. Ext.P1 is the notice issued by the Advocate Commissioner, calling upon the petitioner to repay the entire loan within seven days, failing which physical possession of the residential property would be taken. Aggrieved by the same, the petitioner has filed this writ petition seeking installment facility to repay the loan.
2. The learned Standing Counsel for the respondent, on instructions, submits that the total outstanding amount is Rs.29,05,585/-. The respondent is willing to permit the petitioner to pay off the outstanding amount in equated monthly installments.
3. Having heard the learned counsel on both sides, and the fact that the respondents have no objection in granting installment facility to the petitioner, I dispose of the writ petition as follows:
a) The petitioner shall pay a lumpsum amount of Rs.2,50,000/-
(Rupees two lakhs fifty thousand only) within one month from today.
b) After making the payment of Rs.2,50,000/- as directed above, WPC 44341/2025 -3- 2026:KER:1157 the petitioner shall pay the remaining outstanding amount, together with any accrued interest, cost and allied charges, in twenty (20) equal monthly installments, starting from 08.03.2026 and the subsequent installments shall be paid on or before 8th of every succeeding months.
c) In case of failure to make payment of the lumpsum amount of Rs.2,50,000/- or any of the installments as directed above, the respondent Bank shall be entitled to proceed 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 JS WPC 44341/2025 -4- 2026:KER:1157 APPENDIX OF WP(C) NO. 44341 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 18.11.2025 ISSUED TO PETITIONER Exhibit P2 A TRUE COPY OF THE BANK STATEMENT PERTAINING TO LOAN ACCOUNT NO:137764362200117 IN THE NAME OF PETITIONER Exhibit P3 A TRUE COPY OF THE BANK STATEMENT PERTAINING TO LOAN ACCOUNT NO:137764364000109 IN THE NAME OF PETITIONER