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2025 Supreme(Online)(Ker) 53572

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
HANEEFA – Appellant
Versus
VILVATTOM SERVICE CO-OPERATIVE BANK LTD.NO.337 – Respondent
WP(C) NO. 33281 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.A.N.SATHISH KUMAR, SMT.SUJATHA E.R.
For the Respondents: SRI.K.R.ARUN KRISHNAN, SMT.DEEPA K.RADHAKRISHNAN, SHRI.VISHAK K.V., SMT.ANUSREE P.A., SRI.V.K.SUNIL

Court denies installment payments for credit recovery due to lack of grounds post dismissal of related cases.

Headnote:This case considers the recovery proceedings initiated by a bank under Section 69 of the Kerala Co-operative Societies Act, 1969, resulting from the petitioner's default on credit facilities. The court examined the interim order for allowing installment payments. However, the court found no grounds for granting the relief sought due to the dismissal of related petitions. As such, the court dismissed the writ petition for lack of merit.

JUDGMENT

The petitioner availed credit facilities from the respondent bank. On default being committed, the respondent bank initiated recovery proceedings and obtained an award in proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969, determining the liability of the petitioner. On the award being put to execution, the petitioner has approached this Court by filing the above writ petition. The only relief sought for by the petitioner is that the petitioner may be permitted to clear the liability in instalments. When this matter came up for consideration on 11.09.2025, this Court passed the following interim order:

“Admit.

Issue notice to the respondents by speed post. It is submitted that the petitioner is prepared to deposit the amount due to the respondent bank in instalments.

Further proceedings pursuant to Ext.P1 shall stand deferred for two months.”

The only relief sought for by the petitioner is a direction to the respondent bank to permit the petitioner to clear the liability in instalments. W.P(C) Nos.33438/2025 and 33468/2025, filed by close relatives of the petitioner, have been dismissed today since the they have failed to comply with the condition imposed in the interim order. Though no condition was imposed in the interim order dated 11.09.2025 in this case, in the light of the fact that the other writ petitions have been dismissed, I find that the petitioner has not demonstrated any ground for grant of the reliefs sought for in the writ petition.

The writ petition fails, and it is accordingly dismissed.

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