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2026 Supreme(Online)(Ker) 2079
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RAVEENDRAN – Appellant
Versus
SPECIAL DEPUTY TAHSILDAR (RR) – Respondent
WP(C) NO. 1458 OF 2026
For the Appellants/Petitioners: SHRI.K.S.SHERIMON
For the Respondents: SRI. ARUN ANTONY, SC, SRI. RAJEEV JYOTHISH GEORGE, GP
A guarantor's repayment obligation can be structured into manageable installments upon agreement with creditors.
Headnote:This case involves a writ petition concerning a guarantor's obligation in a Chitty loan transaction. The court noted the petitioner, a guarantor, requested the opportunity for repayment in installments due to the default of the subscriber. The court directed that respondents accept the repayment of Rs. 8,03,504/- in 18 monthly installments, subject to default provisions. The final verdict confirmed this payment plan and specified potential recovery actions on default.
| Table of Content |
|---|
| 1. guarantor's responsibility in financial agreements (Para 1 , 2) |
| 2. petitioner requested structured repayment (Para 3 , 4) |
| 3. court's directive on repayment terms (Para 5) |
JUDGMENT
The petitioner was a guarantor to a Chitty loan transaction conducted by the 4th respondent at its Shornur Branch. The subscriber was Mr. Anil M.R. Since the subscriber absconded, proceedings were initiated against the petitioner being the guarantor, to recover the amounts due to the 4th respondent.
2.The learned Standing counsel who took notice on behalf of respondents 3 and 4, submitted that the total amount now due under the Chitty of Shri. Anil M.R is Rs.8,03,504/-.
3.I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for respondents 3 and 4.
4.During the course of arguments, petitioner confined his prayer to an opportunity for repayment of the amount due to respondents 3 and 4 in instalments.
5. The learned Standing counsel for respondents 3 and 4, submitted that they are willing to accept repayment in instalments and defer the recovery proceedings.
In view of the above, this writ petition is disposed of, directing respondents 3 and 4 to accept repayment of the total amount of Rs.8,03,504/- due under the Chitty transaction of Shri Anil M.R from the petitioner in 18 equated monthly instalments, the first of which shall commence on 08.02.2026 and the remaining instalments to be paid on 8th of every succeeding month. It is clarified that in the event of default in any two instalments, the respondents shall be at liberty to initiate coercive proceedings, in accordance with law.
The writ petition is disposed of Sd/-
BECHU KURIAN THOMAS JUDGE SJ APPENDIX OF WP(C) NO. 1458 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE NO.NLL465 DATED
