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2025 Supreme(Online)(Ker) 53460

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
LAKSHMI AMMA – Appellant
Versus
THE SECRETARY KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PRIVATE LTD. – Respondent
WP(C) NO. 12415 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.B.KRISHNA MANI, SMT.N.V.SANDHYA, SMT.DHANUJA M.S
For the Respondents: SHRI.B.V.JOY SANKAR

Debtors are afforded the opportunity to repay debts in installments, subject to compliance with payment terms.

Headnote:The Kerala High Court in WP

(C) No. 12415 of 2025 considered the petitioners' application for installment payment of a debt. The petitioners, having defaulted on credit facilities, sought permission to repay the outstanding amount of Rs. 3,35,797/- in installments. The court allowed the petitioners to repay the amount in 15 equal monthly installments and kept coercive proceedings in abeyance, provided installments were paid on time. The court noted the necessity of reasonable repayment opportunities and ruled accordingly.

Table of Content
1. petitioners availed credit facilities and defaulted. (Para 1)
2. counsel for petitioners requested installment repayments. (Para 2 , 3)
3. court grants 15 installments for repayment. (Para 4)

J U D G M E N T

The petitioners availed credit facilities from the respondent bank.

On default being committed, proceedings were initiated against the petitioners under the provisions of the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984 , prompting the petitioners to approach this court by filing the above writ petition.

2. The learned counsel appearing for the petitioners would submit that the petitioners 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 petitioners as on 27-11-2025 is Rs.3,35,797/-. It is submitted that some reasonable installments can be given to the petitioners to clear the entire liability.

4. Having heard the learned counsel for the petitioners 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 petitioners can be granted an opportunity to repay the outstanding amount in fifteen (15) equal monthly installments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.3,35,797/- along with interest, bank charges and costs from the petitioners in the following manner:

(i) The outstanding amount of Rs.3,35,797/- together with any accrued interest, bank charges and costs shall be repaid in fifteen (15) equated monthly installments;

(ii) The first installment shall be paid on or before 15-12-2025 and subsequent installments shall be paid on or before the 15th day of each succeeding month;

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

(iv) In order to enable the petitioners 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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