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2025 Supreme(Online)(Ker) 17333
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
PRAMEELA – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) 21288/2025
For the Appellants/Petitioners: G.HARIHARAN, PRAVEEN.H, K.S.SMITHA, B.R.SINDU, REMYA MURALI, V.R.SANJEEV KUMAR, AFNA V.P.
For the Respondents: K.S.ARUNKUMAR
Coercive proceedings can be stayed to allow borrowers to repay overdue amounts under specified conditions.
Headnote:The judgment concerns the petitioners' request for installment facilities to clear their loan as per Article 226 of the Constitution. The court found that the respondent Bank agreed to allow the petitioners to repay the overdue amount of Rs.8,55,289/- in fifteen monthly installments. The main issue was whether the coercive proceedings initiated by the bank should be kept in abeyance during the repayment period. The Court allowed the petitioners to settle the debt under specified terms and conditions, indicating a balance between the bank's rights and the petitioners' repayment ability.
| Table of Content |
|---|
| 1. petitioners seek relief to repay loan in installments. (Para 2) |
| 2. bank agrees to installment repayment terms. (Para 3) |
| 3. court issues orders for repayment and stays coercive actions. (Para 4) |
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“(i) Issue a writ of mandamus or any other appropriate writ .or order permitting the respondents 1 to 3 to grant installment facilities to the petitioners to clear off the loan account mentioned in Exhibit.P5 and P6 RR Notices in 20 monthly installments.
(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the respondents 1 to 4 to keep in abeyance initiated against the petitioners on the strength of Exhibit.P5 and P6 notices without following the procedure contemplated U/S 69 and 71 of the Cooperative Societies Act .
(iii) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. )
And (iv) To pass such other orders or reliefs as this Hon’ble Court deems fit in the interest of justice. ”
2. Heard both sides.
3. The learned Standing Counsel for the respondent Bank, upon instructions, submits that the Bank is agreeable to permit the petitioners to remit the overdue amount in fifteen equal monthly instalments.
4. In the above circumstances, the Writ Petition is disposed of with the following directions:-
(i) Respondent Bank is directed to regularize the loan account by accepting repayment of the entire overdue amount of Rs.8,55,289/- (Rupees Eight Lakhs Fifty Five Thousand Two Hundred and Eighty Nine only) along with Bank charges from the petitioners.
(ii) The petitioners shall remit the overdue amount of Rs.8,55,289/- together with any accrued interest and charges in fifteen equal monthly instalments.
(iii) The first instalment shall be paid on or before 10.07.2025 and the subsequent instalments shall be paid on or before the last working day of every succeeding month.
(iv) The petitioners shall continue to pay the regular EMIs in terms of the contract.
(v) In the event of default of any one instalment, the respondent Bank is entitled to proceed in accordance with law.
(vi) The coercive proceedings initiated against the petitioners shall be kept in abeyance to facilitate repayment as stated above.
