#installment payment

The Kerala High Court has ruled that banks may allow borrowers to clear SARFAESI-triggered arrears in structured installments, provided they continue regular EMIs, effectively suspending coercive recovery actions. This sets a precedent for judicial intervention in debt restructuring where borrowers demonstrate willingness to repay, balancing creditor rights with borrower dignity under Article 21.

The Punjab & Haryana High Court has ruled that under its inherent powers under Section 151 CPC, a judgment-debtor may be allowed to discharge mesne profits liability through structured monthly installments, with a fixed penalty for default. This sets a precedent for equitable enforcement in execution proceedings where full payment is unfeasible, benefiting elderly or financially constrained debtors without compromising creditor rights.

Punjab & Haryana HC stays eight conditional arrest warrants after the judgment debtor commits to paying Rs. 2 lakh upfront and submitting a structured installment plan for the remaining Rs. 10.13 lakh. The ruling underscores that courts may consider reasonable repayment proposals to avoid coercive measures under Order XXI CPC.