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Kerala High Court

Ajil Raj S.P vs Yes Bank Limited on 3 February, 2026

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                       THE HONOURABLE MR.JUSTICE BASANT BALAJI

                TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947

                                  WP(C) NO. 129 OF 2026

PETITIONER/S:

                AJIL RAJ S.P.,
                AGED 36 YEARS
                S/O. S.K. PUSHPAN, KIZHAKKEDATHU PARAMBIL HOUSE, IRIMPANAM,
                THRIPUNITHURA, ERNAKULAM, PIN - 682309

                BY ADVS.
                SHRI.GAUTHAM KRISHNA E.J.
                SHRI. VIJEESH K.S.


RESPONDENT/S:
     1      YES BANK LIMITED,
            GROUND FLOOR, SHEMA BUILDING, MAHATMA GANDHI RD, RAVIPURAM,
            PERUMANOOR, ERNAKULAM, REPRESENTED BY ITS MANAGER, PIN - 682016

      2         YES BANK LIMITED,
                YES BANK HOUSE, OFF WESTERN EXPRESS HIGHWAY, SANTACRUZ, MUMBAI,
                REPRESENTED BY ITS MANAGER/AUTHORIZED OFFICER, PIN - 400055

      3         M/S. E- PROCUREMENT TECHNOLOGIES LIMITED, (E AUCTION SERVICE
                PROVIDER),
                WALL STREET 2, B 705, OPP. ORIENT CLUB, NR. GUJARAT COLLEGE ROAD,
                ELLISBRIDGE, AHMEDABAD, GUJARAT, REPRESENTED BY THE
                MANAGER/AUTHORIZED OFFICER, PIN - 380006


                BY ADVS.
                SRI.RENJITH.R
                SMT.ANJU MOHAN
                SMT.SYAMA S. MURALI


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                    2026:KER:9710



WPC 129/2026
                                         -2-

                                   JUDGMENT

(Dated this the 3rd day of February, 2026) The petitioner is the borrower of a loan availed from the respondent Bank, which is secured by an equitable mortgage over his residential property. Due to default in repayment, the respondent bank issued Ext. P1 sale notice proposing to sell the secured asset for recovery of an amount of Rs.11,99,370.60, followed by Ext. P2 e-auction sale notice dated 19.12.2025, fixing the auction on 21.01.2026. Aggrieved by the same, the petitioner has filed the present writ petition.

2. The learned Standing Counsel for the respondents, on instructions, submits that the total outstanding amount is Rs.9,16,679/-. The respondents are 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 remit the outstanding amount of Rs.9,16,679/- (Rupees nine lakhs sixteen thousand six hundred and seventy nine only) together with allied interest and other charges, in twelve (12) equated 2026:KER:9710 WPC 129/2026 -3- monthly installments, starting from 05.03.2026 and the subsequent installments shall be paid on or before 5 th of every succeeding month.
b) In the event of default of any one installment, the respondents shall be entitled to proceed in accordance with law.
c) 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 2026:KER:9710 WPC 129/2026 -4- APPENDIX OF WP(C) NO. 129 OF 2026 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 19.12.2025 Exhibit P2 A TRUE COPY OF THE E-AUCTION SALE NOTICE DATED 19.12.2025