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2026 Supreme(Online)(Ker) 5628

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JINCY – Appellant
Versus
PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD – Respondent
WP(C) NO. 1785 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.A.VINOD
For the Respondents: SRI.G.P.SHINOD, SRI.GOVIND PADMANAABHAN, SHRI.AJIT G ANJARLEKAR, SHRI.ATUL MATHEWS, SMT.GAYATHRI S.B.

The court permits structured repayment of debts under cooperative society regulations, ensuring fairness.

Headnote:The judgment analyses the Kerala Co-operative Societies Act, 1969, referring to the petitioner’s challenge against recovery proceedings initiated by the respondent bank. The petitioner faces an outstanding debt and seeks repayment in instalments. The Court grants the opportunity to repay the debt in 12 monthly instalments and stays coercive proceedings.

Table of Content
1. the petitioner challenges loan recovery under co-operative society regulations. (Para 1 , 2)
2. petitioner requests repayment opportunity in instalments. (Para 3)
3. court grants structured repayment and stays further actions. (Para 4 , 5)

JUDGMENT The petitioner has approached this Court challenging proceedings initiated under the Kerala Co-operative Societies Act , 1969 by the respondent bank for recovery of the amounts due from the petitioner.

2. The learned counsel appearing for the respondent bank submits that the term of the loan is set to expire in the month of May, 2026 and the total outstanding amount is Rs.2,49,000/-, while the arrears as on date is Rs.2,39,000/-. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the outstanding amount in limited instalments.

3. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the outstanding amount in some instalments.

4. Having regard to the 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 along with any accrued interest, costs and charges in 12 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.2,49,000/- (Rupees two lakhs forty nine thousand only) along with any accrued interest, costs and charges from the petitioner in the following manner:-

(i) The petitioner shall pay the outstanding amount of Rs.2,49,000/- (Rupees two lakhs forty nine thousand only) along with any accrued interest, costs and charges in 12 equated monthly instalments;

(ii) The first instalment shall be paid on or before 20.02.2026 and the subsequent instalments shall be paid on or before the 20th day of every succeeding months;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed 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/-

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