SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(KER) 13340

HIGH COURT OF KERALA
Murali Purushothaman, J
NIRMAL KUMAR – Appellant
Versus
THE MANAGER/SECRETARY THE CHEVAYOOR SERVICE CO-OPERATIVE BANK LTD. – Respondent
WP(C) 5635/2025



Advocates:
For the Appellants/Petitioners: C.K.RAMAKRISHNAN
For the Respondents: R.SUDHISH, M.MANJU

The court allowed the petitioner to repay the loan in installments while deferring coercive recovery actions.

Headnote:The loan availed by the petitioner from the Chevayoor Service Co-operative Society Ltd fell into arrears, prompting arbitration proceedings under the Kerala Co-operative Societies Act, 1969. The court noted that an amount of Rs. 13,10,767/- was outstanding and directed the petitioner to repay this amount in 15 monthly installments starting from 25.04.2025. If there is a default in payment, the respondents are permitted to recover the amount legally. The final verdict is to enable installment payments while deferring coercive actions against the petitioner.

Table of Content
1. the loan fell in arrears leading to arbitration proceedings. (Para 1 , 2)
2. petitioner requested to repay the amount in installments. (Para 3 , 4)
3. court directed the repayment to commence with deferred coercive actions. (Para 5)

JUDGMENT

The loan availed by the petitioner from the Chevayoor Service Co-operative Society Ltd fell in arrears, the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act , 1969. Ext.P2 is the award.

2. Pursuant to the award Ext.P3 notice was issued to the petitioner informing him that if the dues are not cleared, the mortgaged property of the petitioner would be measured and demarcated for the purpose of auction. Challenging Exts.P2 and P3, the petitioner has filed this writ petition.

3. Sri.R.Sudheesh, the learned counsel for the respondents 1,2 and 4 submits that an amount of Rs.13,10,767/- (Rupees thirteen lakhs ten thousand seven hundred and sixty seven only) is outstanding in the loan account of the petitioner as on today (25.03.2025) and the he can be permitted to pay the said amount in reasonable installments.

4. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the amount in 15 equal monthly installments.

5. In the facts and circumstances there will be a direction to the petitioner to pay the entire outstanding amount of Rs.13,10,767/- along with accrued interest and payable charges in 15 equal monthly installments commencing from 25.04.2025. If the petitioner default payment of any of the installments, it will be open to the respondents to proceed against them for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against them pursuant to Exts.P2 and P3 shall stand deferred.

The writ petition is disposed of with the above direction.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top