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2026 Supreme(Online)(Ker) 1149
IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
NIDHEESH KUMAR.K.K – Appellant
Versus
CALICUT TOWN SERVICE CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 624 OF 2026
For the Appellants/Petitioners: SRI.S.K.SAJU, SHRI.SREEJITH CHEROTE
For the Respondents: SHRI.SANIL CHANDRAN K.V.
Court permitted installment repayment of loan dues under certain conditions, balancing creditor rights with debtor relief.
Headnote:The petitioner availed a loan from the respondent bank. Following a default, proceedings were initiated under the Kerala Co-operative Societies Act, 1969. The court allowed the petitioner to clear the dues in eighteen installments after hearing both parties. The ruling allows for installment repayment with conditions attached to avoid coercive recovery actions.
| Table of Content |
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| 1. petitioner initiated a loan default case under relevant statutory provisions. (Para 1) |
| 2. arguments presented for repayment arrangements by both parties. (Para 2 , 3) |
| 3. court's decision on installment repayment of loan with stipulated conditions. (Para 4 , 5) |
J U D G M E N T
The petitioner availed a loan 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 12.01.2026 is Rs.10,05,074/-. 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 eighteen (18) equal monthly instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.10,05,074/- along with interest, bank charges and costs from the petitioners on the following conditions:
(i) The outstanding amount of Rs.10,05,074/- together with any accrued interest, bank charges and costs shall be repaid in eighteen (18) equated monthly instalments;
(ii) The first instalment shall be paid on or before 30-01-2026 and subsequent instalments shall be paid on or before the last working 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.
Sd/-
