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2025 Supreme(Online)(Ker) 49538
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
JOHN JOSEPH – Appellant
Versus
THANKAMANI SERVICE CO OPERATIVE BANK – Respondent
W.P (C) No.21590 of 2025
For the Appellants/Petitioners:
For the Respondents:
The court has the discretion to permit installment payments for loan dues while keeping coercive actions on hold to facilitate compliance.
Headnote:(A) Constitution of India - Article 226 - Writ petition filed seeking to quash proceedings and for extension of time for loan repayment - Directions issued to permit petitioners to pay outstanding dues in installments - Coercive proceedings stayed pending compliance with terms of repayment. (Paras 1-3)
(B) Writ Jurisdiction - Court’s power to grant reliefs in writ proceedings - The court retains discretion to order terms that facilitate payment and balance the interests of parties involved. (Para 2)
| Table of Content |
|---|
| 1. details of repayment and court provisions. (Para 2) |
| 2. court's final orders on repayment terms. (Para 3) |
K.BABU, J.
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W.P (C) No.21590 of 2025 ---------------------------------------
Dated this the 22nd day of August, 2025 JUDGMENT The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:
“i. Issue a writ of certiorari or any other appropriate writ order or direction, quashing the proceedings under Exts.P1, P2 and P3 .
ii. Issue appropriate order directing the respondents to grant 20 months time to the petitioners to clear the outstanding due in the loan accounts.
iii. To dispense with the production of the translated copy of the vernacular documents produced along with the writ petition;
iv. issue such other reliefs which may deem fit and proper on the facts and circumstances of the case; and v. Allow the writ petition (civil).”
2. Upon instructions, the learned Standing Counsel for the respondent Bank submitted that the total amount due to the Bank is Rs.25,52,980/-. The petitioners are prepared to remit the amount in twenty equal monthly instalments.
3. In the above circumstances, the Writ Petition is disposed of with the following directions:
(i) The petitioners shall remit the total amount of Rs.25,52,980/- (Rupees Twenty Five Lakhs Fifty Two Thousand Nine Hundred and Eighty only) together with any accrued interest and charges in twenty equal monthly instalments.
(ii) The first instalment shall be paid on or before
26.09.2025 and the subsequent instalments shall be paid on or before the last working day of every succeeding month.
(iii) The respondent bank shall accept the loan amount from the petitioners as stated above.
(iv) In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with law.
(v) In order to enable the petitioners to repay the entire amount as stated above, all coercive proceedings initiated against them shall be kept in abeyance.
