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Kerala High Court

Sujith Sucheendran vs The Authorized Officer on 22 January, 2026

WPC 1769/2026
                                     -1-

                                                            2026:KER:6041

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE BASANT BALAJI

          THURSDAY, THE 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947

                           WP(C) NO. 1769 OF 2026

PETITIONER/S:

             SUJITH SUCHEENDRAN,
             AGED 37 YEARS
             S/O V. SUCHEENDRAN,
             KAILASAM,KOLACHIRA,AGASTYACODU,NEDIYARA P.O,
             ANCHAL,KOLLAM DISTRICT, PIN - 691306


             BY ADV SRI.M.R.SASITH


RESPONDENT/S:

     1       THE AUTHORIZED OFFICER,
             STATE BANK OF INDIA,RASMEC KAZHAKOOTAM,LAZER SQUARE,
             NEAR KULANGARA SREEKRISHNA TEMPLE, KAZHAKOOTAM
             P.O,THIRUVANANTHAPURAM, PIN - 695582

     2       STATE BANK OF INDIA,
             NRI BRANCH, ATTINGAL,AMC 1/506, SHINE COMMERCIAL
             COMPLEX,ATTINGAL P.O, THIRUVANANTHAPURAM,REPRESENTED BY
             ITS AUTHORIZED OFFICER, PIN - 695101



OTHER PRESENT:

             SC SRI. JITHESH MENON


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 1769/2026
                                      -2-

                                                               2026:KER:6041

                                JUDGMENT

(Dated this the 22nd day of January 2026) The petitioner availed three loans (Housing Loan, Housing Loan Top up and Suraksha Loan) amounting to a total of Rs. 40,48,435/- in the year 2015 onwards from the 2nd respondent Bank. Due to default in repayment, the respondent Bank initiated proceedings under the SARFAESI Act, 2002. Aggrieved by the same, the petitioner approached this Court.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.3,31,000/-. If the petitioner clears the overdue amount within one month, the Bank is ready to regularize 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 as well as the willingness of the Bank to regularize of the loan account, I deem it appropriate to dispose of this writ petition with the following directions:

a) The petitioner shall pay a lumpsum amount of Rs.2,00,000/-

(Rupees two lakhs only) on or before 30.01.2026.

b) After making the payment of Rs.2,00,000/- as directed above, the petitioner shall pay the remaining overdue amount of WPC 1769/2026 -3- 2026:KER:6041 Rs.1,31,000/-, together with any accrued interest, cost and allied charges, on or before 26.02.2026.

c) The petitioner shall continue to pay the regular EMIs/installments along with the payment as directed above.

d) In case of failure to make payment of the lumpsum amount of Rs.2,00,000/- or any of the installments as directed above, the respondent Bank shall be entitled to proceed in accordance with law.

e) 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 1769/2026 -4- 2026:KER:6041 APPENDIX OF WP(C) NO. 1769 OF 2026 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 25/09/2025 ISSUED BY THE 1ST RESPONDENT