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2025 Supreme(Online)(Ker) 52287

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
MADHU K.P – Appellant
Versus
JUNIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. – Respondent
WP(C) NO. 10723 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ABU MATHEW, SRI.AJU MATHEW, SHRI.RAGIN ROY, SHRI.ABIJITH C.
For the Respondents: SMT.SREESHMA P.R.

Petitioner granted the opportunity to repay dues in instalments under the Kerala Co-operative Societies Act despite default.

Headnote:The judgment analyzes the applicability of the Kerala Co-operative Societies Act, 1969, considering the petitioner’s challenge to recovery proceedings initiated by the respondent bank. It finds that allowing the petitioner to clear dues in instalments is appropriate given the circumstances. The court resolved the matter by permitting 15 instalments for repayment of the outstanding dues of Rs.9,04,328/-, including interest and costs. It further directed to keep coercive proceedings in abeyance.

JUDGMENT The petitioner has approached this Court challenging proceedings initiated under the Kerala Co-operative Societies Act , 1969 by the respondent bank for recovery of the amounts due from the petitioner.

2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.

3. The learned counsel for the respondent bank submits that the petitioner committed default in repayment of a housing loan and the outstanding amount as on 20.11.2025 is Rs.9,04,328/- (Rupees nine lakhs four thousand three hundred and twenty eight only). It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the outstanding amount in limited instalments.

4. Having regard to the 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 along with any accrued interest, costs and charges in 15 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.9,04,328/- (Rupees nine lakhs four thousand three hundred and twenty eight only) along with any accrued interest, costs and charges from the petitioner in the following manner:-

(i) The petitioner shall pay the outstanding amount of Rs.9,04,328/- (Rupees nine lakhs four thousand three hundred and twenty eight only) along with any accrued interest, costs and charges in 15 equated monthly instalments;

(ii) The first instalment shall be paid on or before 10.12.2025 and the subsequent instalments shall be paid on or before the 10th day of every succeeding months;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed 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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