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2026 Supreme(Online)(Ker) 3177

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SHAJI JOSE – Appellant
Versus
THE MOOKKANNOOR SERVICE CO-OPERATIVE BANK NO.E-62 – Respondent
WP(C) NO. 42565 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.R.VINOD, SMT.M.S.LETHA, SMT.ATHIRA K.S.
For the Respondents: SRI.G.SANTHOSH KUMAR (P).

Court upheld the Tribunal's order for payment as a condition for stay.

Headnote:The judgment addresses the validity of conditions imposed by the Kerala Co-operative Tribunal requiring the petitioners to pay a sum of Rs.10,00,000/- as a stay condition. The petitioners complied with part of this requirement, paying Rs.3,00,000/-. The court confirmed their outstanding liability and found no grounds to interfere with the Tribunal's interim order relating to their financial obligations. The court ultimately directed that the petitioners be allowed further time to pay the remaining balance of Rs.7,00,000/- within one month to maintain the benefits under the Tribunal's order.

Table of Content
1. challenge to tribunal's stay condition. (Para 1 , 2 , 3)
2. outstanding liability and applicant's position. (Para 4 , 5)
3. court's direction for payment timeline. (Para 6)

J U D G M E N T This writ petition has been filed challenging Ext.P3 order of the Kerala Co-operative Tribunal, Thiruvananthapuram, in IA No.825 of 2025 in Appeal No.175 of 2025, whereby the petitioners were required to pay a sum of Rs.10,00,000/- within one month from

29.09.2025 as a condition for stay.

2. When this matter came up for consideration before this Court on 13.11.2025, this Court passed the following interim order:-

“Admit.

Issue notice by speed post to the 1st respondent.

Coercive steps against the petitioners shall remain suspended for a period of one month subject to the condition that the petitioners remit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) towards the loan liability within a period of two weeks from today.

Post on 10.12.2025.”

3. The learned counsel for the petitioners states that the condition imposed in the interim order dated 13.11.2025 has been complied with by the petitioners. This is not disputed by the learned counsel appearing for the respondent bank.

4. The learned counsel appearing for the respondent bank submits that the outstanding liability as on 12.01.2026 is Rs.87,28,811/-. It is further submitted that the bank is in an extreme financial difficulties and that there are atleast seven writ petitions before this Court filed by depositors claiming that their deposits have not been returned despite maturity. It is also submitted that the petitioners have not made out any case for interference with the interim order of the Tribunal.

5. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, I am of view that the learned counsel for the respondent bank is right in contending that the petitioners have not made out any case for interference with the conditions imposed in the impugned interim order of the Tribunal. The liability of the petitioners as on 12.01.2026 is stated to be Rs.87,28,811/-. The Tribunal has only directed the deposit of a sum of Rs.10,00,000/- as a condition for stay. The condition cannot be regarded as arbitrary or fanciful. The petitioners have already paid a sum of Rs.3,00,000/- pursuant to the interim order of this Court on 13.11.2025. Therefore, the balance amount payable by the petitioners to make up the amount required to be paid as a condition for stay is Rs.7,00,000/-.

6. In the facts and circumstances of the case, I am of the opinion that, in the interest of justice, the petitioners can be given some further time to pay the balance sum of Rs.7,00,000/- to comply with the condition imposed by the Tribunal in the impugned interim order.

Accordingly, this writ petition is disposed of with the direction that, if the petitioners pay the balance amount of Rs.7,00,000/-. within a period of one month from today, they will continue to enjoy the benefits of the interim order dated 29.09.2025 in IA No.825 of 2025 in Appeal No.175 of 2025 on the file of the Kerala Co-operative Tribunal, Thiruvananthapuram. Ordered accordingly.

Sd/-

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