IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SOUMYA SUKUMARAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 14833 OF 2025
| Table of Content |
|---|
| 1. petitioner availed credit from the bank. (Para 1) |
| 2. counsels' submissions on repayment. (Para 2) |
| 3. court's decision on monthly installments. (Para 4) |
| 4. conditions for repayment and one time settlement. (Para 5) |
J U D G M E N T
The petitioner availed credit facilities from the respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioner to approach this court by filing the above writ petition.
2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in installments. 3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 24-01-2026 is Rs.16,56,026/-. It is submitted that some reasonable installments can be given to the petitioner to clear the entire liability.
4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and 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 in seventeen (17) equal monthly instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.16,56,026/- along with interest, bank charges and costs from the petitioner in the following manner:
(i) The outstanding amount of Rs.16,56,026/- together with any accrued interest, bank charges and costs shall be repaid in seventeen (17) equated monthly instalments;
(ii) The first instalment shall be paid on or before 20-02-2026 and subsequent instalments shall be paid on or before 20th day of every succeeding month;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed with recovery 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.
It is made clear that disposal of this writ petition will not prevent the petitioner from seeking benefits under Navakeraleeyum Kudishikanivarana Padhathi-2025-26. If the petitioner files an application for one time settlement under the provisions of the aforesaid scheme within a period of one week from the date of receipt of a certified copy of this judgment, the competent authority shall take a decision on the said application and shall communicate the petitioner the amounts to be paid in terms of the one time settlement scheme. If any amount is paid by the petitioner in terms of the directions contained in this judgment before a decision is taken on the application for one time settlement, the same shall be adjusted against the amount of one time settlement. It is made clear that if one time settlement is offered to the petitioner, the petitioner shall be governed by the terms of one time settlement and not by the directions issued by this court. If the petitioner fails to comply with the terms of any settlement that may be offered to him, it is open to the respondent Bank to continue with the recovery proceedings initiated against the petitioner. It is made clear that if the petitioner is unable to abide by the terms of one time settlement, he will be permitted to clear the liability in installments (as directed above) without the benefit of any one time settlement.
The writ petition is disposed of as above.
Sd/-
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