RAHINA S vs THE AUTHORIZED OFFICER

2026:KER:35401
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
ND
FRIDAY, THE 22 DAY OF MAY 2026 / 1ST JYAISHTA, 1948
WP(C) NO. 17278 OF 2026
PETITIONER:
RAHINA S
AGED 36 YEARS
W/O SADICK, MAJITHA MANZIL, MALLANCHERYIL
BUILDING, KOOTTIKADA PO, KOLLAM, PIN - 691020
BY ADV SHRI.SREERAJ M.D.
RESPONDENT:
THE AUTHORIZED OFFICER
FEDERAL BANK LTD, UMAYANALLOR BRANCH, VKM
BUILDING NH66, UMAYANALLOR, THAZHUTHALA, KOLLAM,
PIN - 691589
BY SRI. SUNIL SHANKER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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JUDGMENT
nd
Dated this the 22 day of May, 2026
It is aggrieved by the coercive action taken
by the respondent under the provisions of the
Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act,
2002 (hereinafter referred to as the ‘SARFAESI Act'
for short), this writ petition has been preferred
by the petitioner.
2. Heard the learned counsel for the
petitioner and the learned Standing Counsel for the
respondent.
3. The learned counsel for the respondent
submitted that the bank has no objection in
permitting the petitioner to clear the entire
outstanding amount, by way of installments since,
the same is only beneficial to it. He also

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submitted that the total outstanding amount as on
21.05.2026 is Rs.53,47,313/- (Rupees fifty three
lakhs forty seven thousand three hundred and
thirteen only).
4. Hence, considering the submissions made by
the learned counsel for the respondent and the
facts and circumstances of this case, I am of the
view that the petitioner can be granted an
opportunity to clear the entire outstanding amount
of Rs.53,47,313/- (Rupees fifty three lakhs forty
seven thousand three hundred and thirteen only) ,
along with any accrued interest, costs and charges
on the following conditions.
(i) The petitioner shall remit a sum of
Rs.5,00,000/-(Rupees five lakhs only) on or
before 10.06.2026 to the bank,
(ii) Thereafter, the petitioner shall remit
the balance outstanding amount, along with
any accrued interest, costs and charges in

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6 equal monthly installments commencing
from July, 2026 and such payments shall be
th
made on or before 15 of every month;
(iii) If the petitioner complies with the
afore conditions, no coercive steps shall
be taken by the respondent and in the event
of default of any one condition, the
respondent can continue with the coercive
steps already taken as per law.
This writ petition is disposed of as
above.
Sd/-

P. V. BALAKRISHNAN
JUDGE
scl

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APPENDIX OF WP(C) NO. 17278 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER PASSED BY THE
CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
IN MC NO: 450/2026 DATED 7/3/2026
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 2/5/2026