IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SOMAN V.S – Appellant
Versus
THENHIPALAM CO-OPERATIVE RURAL BANK LTD – Respondent
| Table of Content |
|---|
| 1. loan default and guarantor's role. (Para 1) |
| 2. petitioners' request for installment repayment. (Para 2 , 3) |
| 3. court's condition for repayment installments. (Para 4) |
| 4. judgment on repayment schedule. (Para 5) |
JUDGMENT
The 1st petitioner is the borrower, and the
2nd petitioner, who is the mother of the 1st petitioner, is the guarantor in respect of a loan availed from the 1st respondent bank. On default being committed proceedings have been initiated against the petitioners under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioners to approach this Court by filing the above writ petition.
2. During the course of hearing, petitioners have confined the relief to an opportunity for repaying the outstanding amount in instalments.
3. It is submitted on behalf of the respondent bank that the petitioners committed default in repayment and the outstanding amount is Rs.21,38,455/- as on 16-12-2025. 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
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