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2025 Supreme(Online)(Ker) 55667

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
MUHAMMED ABDURAHIMAN P.A – Appellant
Versus
THE SPECIAL SALE OFFICER A.R NAGAR SERVICE CO-OPERATIVE BANK – Respondent
WP(C) NO. 15899 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.K.MOHAMED JAMEEL, SMT. SUHARABI KANNETH, SMT.SMRITHI HARRIS
For the Respondents: SHRI.P.C.SASIDHARAN

The court allows installment repayment for dues under the Kerala Co-operative Societies Act, preventing coercive actions during the repayment period.

Headnote:The Kerala Co-operative Societies Act, 1969, governs the proceedings initiated against the petitioner for defaulting on a credit facility. The court found merit in the petitioner's request to repay the dues in installments, allowing a structured repayment plan. The court determined that the petitioner shall repay the outstanding amount in twenty monthly installments, with all coercive actions held in abeyance. The decision was made after careful consideration of the facts and relevant submissions.

Table of Content
1. petitioner availed credit facilities and defaulted. (Para 1)
2. submission for installment repayment assessed. (Para 2)
3. court allows structured repayment with specific conditions. (Para 4 , 5)

J U D G M E N T

The petitioner along with his son availed credit facilities 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 10-12-2025 is Rs.27,29,396/-. 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 twenty (20) equal monthly instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.27,29,396/- along with interest, bank charges and costs from the petitioner in the following manner:

(i) The outstanding amount of Rs.27,29,396/- together with any accrued interest, bank charges and costs shall be repaid in twenty (20) equated monthly instalments;

(ii) The first instalment shall be paid on or before 05-01-2026 and subsequent instalments shall be paid on or before the 5th 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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