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2026 Supreme(Online)(Ker) 1762

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
NALINAKSHAN. D – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent
WP(C) NO. 43524 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.JAWAHAR JOSE, SHRI.SANAND RAMAKRISHNAN, SHRI.AUGUSTINE P., SMT.CISSY MATHEWS, SHRI.GREGORY PRINCE MYLADI, SHRI.THOMAS MARTIN K.
For the Respondents: SRI.R.RAJESH (VARKALA), SRI.M.KIRANLAL, SRI.MANU RAMACHANDRAN, SRI.T.S.SARATH, SHRI.SAMEER M NAIR, SMT.SAILAKSHMI MENON, SMT.JHANCY P. GEORGE, SHRI.SURAJ T.N., SHRI.JOSEPH T. KOOTTAKKARA, SMT.SILPA N.P (GP)

Court affirms the petitioner's right to timely repayment of fixed deposits with applicable interest.

Headnote:The petitioner appeals based on the respondent bank's non-repayment of matured fixed deposits despite demands. The court emphasizes the need for timely repayment. The primary issue is whether the petitioner is entitled to the amounts owed. The court finds in favor of the petitioner, ordering repayment in fifteen installments, confirming the repayment along with applicable interest. Writ petition disposed of directed that the amounts due under the fixed deposits due to the petitioner shall be disbursed to the petitioner without undue delay and at any rate in fifteen equal monthly instalments commencing from 16.02.2026.

Table of Content
1. petitioner has fixed deposits with the respondent bank. (Para 1)
2. respondent bank proposes installments for repayment. (Para 2 , 3)
3. court orders repayment in installments with interest. (Para 4)

JUDGMENT

Petitioner maintains certain Fixed Deposits with the respondent bank. Petitioner is before this Court being aggrieved by the fact that the amounts of deposit together with interest payable thereon have not been repaid to him despite the fact that the deposits have matured and there has been demand for repayment of the amounts due under the deposits.

2. Learned counsel appearing for the respondent-bank would submit that, out of the amount of Rs.34,70,133/- payable to the petitioner, an amount of Rs.2,00,000/- has been paid pursuant to the interim order dated 15.12.2025. It is submitted that, the bank may be permitted to pay off the balance amount in fifteen instalments.

3. Learned counsel appearing for the petitioner has no objection.

4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, the writ petition will stand disposed of directing that the amounts due under the fixed deposits due to the petitioner shall be disbursed to the petitioner without undue delay and at any rate in fifteen equal monthly instalments commencing from 16.02.2026. The subsequent instalments shall be paid on or before the 16th day of each succeeding month till the entire amounts due to the petitioner on account of the Fixed Deposits made by them are repaid to him. Interest at the rates applicable to the Fixed Deposit shall also be paid till the entire amount is paid on reducing balance. On each payment being made by the respondent bank , as directed above, the petitioner shall execute necessary discharge receipts to the extent of repayment.

Writ petition is disposed of as above.

Sd/-

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