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2025 Supreme(Online)(Ker) 52242

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ANSAR ALI MODATHIKKUNDAN – Appellant
Versus
CHEEKODE SERVICE CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 36705 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.NINEEP K., SRI.C.MOHAMMED MUSTHAFA, SRI.D.ARUN BOSE
For the Respondents: SRI.K.RAKESH

The court permits installment repayment of loan defaults under cooperative society regulations, balancing creditor rights and debtor's circumstances.

Headnote:In this judgment, the Court considered the provisions of the Kerala Co-operative Societies Act, 1969, in relation to a loan default case. The Court found that the petitioner could repay the outstanding amount in installments due to financial difficulties. The Court concluded that the petitioner could clear the outstanding amount of Rs.12,78,942/- in eighteen monthly installments and directed the bank accordingly. The Court framed the issues around the repayment schedule and emphasized the need for reasonableness in repayment terms.

Table of Content
1. the petitioner defaulted on a loan and sought relief from the court. (Para 1)
2. arguments presented for and against the repayment terms were discussed. (Para 2)
3. court's decision to allow installment repayment for the loan. (Para 4 , 5)

JUDGMENT

The petitioner availed a loan from the respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioner to approach this court by filing the above writ petition.

2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in installments. 3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 21.11.2025 is Rs.12,78,942/-. It is submitted that some reasonable installments can be given to the petitioner to clear the entire liability.

4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in eighteen (18) equal monthly instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.12,78,942/- along with interest, bank charges and costs from the petitioner in the following manner:

(i) The outstanding amount of Rs.12,78,942/- together with any accrued interest, bank charges and costs shall be repaid in eighteen (18) equated monthly instalments;

(ii) The first instalment shall be paid on or before 10-12-2025 and subsequent instalments shall be paid on or before the 10th day of every succeeding month;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed with recovery in accordance with the law;

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

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