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2026 Supreme(Online)(Ker) 2667
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SREENATH V. – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK (KERALA BANK) – Respondent
WP(C) NO. 156 OF 2026
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.ANJANA KANNATH, SMT.SAFNA P.S.
For the Respondents: SRI. P. C. SASIDHARAN, SC
The court emphasized adherence to interim orders as critical for maintaining petition eligibility.
Headnote:The petitioner sought reconsideration of loan repayment terms due to default arising from medical emergencies. The High Court, under WP
(C) No. 156 of 2026, noted prior compliance failures with interim orders and referenced South Indian Bank Ltd. v. Naveen Mathew Philip [2023 KHC 6435]. The court ultimately dismissed the petition, allowing access to further statutory remedies.
| Table of Content |
|---|
| 1. petitioner seeks relief for loan repayment modifications. (Para 1 , 2) |
| 2. court's interim order conditionality emphasized. (Para 3) |
| 3. writ petition dismissed relying on precedent. (Para 4) |
JUDGMENT
(Dated this the 16th day of January, 2026)
The petitioner availed a loan of Rs.9,00,000/- on 22.04.2021 from the first respondent bank, repayable in 10 years with a monthly EMI of Rs.12,913/-, by mortgaging 3.8 ares of property situated in Alappad Village, Kollam District. The petitioner regularly paid the EMIs without default till 2022, but thereafter committed default due to medical emergencies, following which recovery proceedings were initiated. An earlier writ petition filed by the petitioner was dismissed for non- compliance with the interim order. The petitioner now seeks permission to clear the outstanding arrears along with regular EMIs in 15 instalments and to regularise the loan account.
2. This writ petition is filed by the petitioner seeking the following prayers:
“i. Issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondents to grant 15 equal monthly installments to clear the outstanding liability and to regularize the loan account since the period will be over in the year 2031.
ii. To grant such other reliefs this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
iii. To permit the petitioner to dispense with filing of translation of Exhibits, which is in Malayalam along with the writ petition.”
3. An interim order was passed by this Court on 05.01.2026, at the time of issuance of notice before admission, deferring the coercive steps, on condition that the petitioners shall remit an amount of Rs.2.25 lakhs within a period of ten days.
4. Today, the learned Standing Counsel for the respondent-Bank submits that the said amount has not been remitted.
Since the petitioner has not complied with the interim order, relying on the decision of the Hon’ble Apex Court inSouth Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC 6435], this writ petition is dismissed, without prejudice to the petitioner’s right to avail the statutory remedy before the Debts Recovery Tribunal.
Sd/-
