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2025 Supreme(Online)(Ker) 52040

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
BIJUMON MATHEW – Appellant
Versus
THE STATE OF KERALA DEPARTMENT OF CO-OPERATION – Respondent
WP(C) NO. 13834 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.MILLU DANDAPANI
For the Respondents: SRI.SIJO PATHAPARAMBIL JOSEPH, SMT. CS SHEEJA GP

Courts may mandate installment payments for debts due when immediate payment is unfeasible due to the debtor's financial distress.

Headnote:In accordance with the financial obligations mandated by established deposit agreements, the court considered the petitioner’s claims for matured deposits with the cooperative bank. While the bank cited financial distress and initiated recovery from debtors, the court ordered repayment in 24 monthly installments, ensuring interest was computed on the reducing balance. The order emphasizes the importance of fulfilling financial commitments within a stipulated timeline to safeguard the rights of depositors. The amounts payable to the petitioner in terms of the fixed deposits maintained by the petitioner with the 4th respondent bank shall be disbursed in 24 equal monthly instalments along with interest; first installment due by 05-12-2025.

Table of Content
1. deposit claims by the petitioner against cooperative bank. (Para 1 , 2)
2. petitioner's request for installment payments. (Para 3)
3. court's directive on repayment terms. (Para 4)

JUDGMENT

The petitioner has made some deposits with the

4th respondent bank. According to the petitioner, though the deposits have matured, the amounts are not being paid to the petitioner despite requests.

2. The learned counsel appearing for the

4th respondent bank submits that the 4th respondent is in dire financial straits and is not in a position to pay off the entire amount due to the petitioner. It is submitted that the 4th respondent bank has initiated recovery proceedings against persons from whom money is owed to the bank, and once the financial condition of the 4th respondent bank improves, the bank will clear the liability to the petitioner.

3. The learned counsel appearing for the petitioner submits that the 4th respondent bank may be directed to pay off the amounts due to the petitioner in some instalments.

4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 4th respondent bank and considering the fact that the amount of deposits claimed by the petitioner is only a sum of Rs.6,02,144/-, I am of the opinion that the writ petition can be disposed of in the following manner.

i. The amounts payable to the petitioner in terms of the fixed deposits maintained by the petitioner with the 4th respondent bank shall be disbursed in 24 equal monthly instalments together with any interest;

ii. The first installment shall be paid on or before 05-12-2025. The subsequent installments shall be paid on or before the 5th day of the succeeding months;

iii.The interest shall be calculated only on the reducing balance;

iv.The petitioner shall issue receipts for every payment made to the petitioner in terms of the directions issued in this judgment.

Writ petition is disposed of as above.

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