Court allows debtor to repay outstanding amount in instalments under cooperative law.

JUDGMENT

Petitioner availed credit facilities from the

3^rd respondent bank. On default being committed proceedings have been initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act , 1969, and an award was obtained determining the amounts payable by the petitioner. When steps were taken for execution of the award, the petitioner approached this Court by filing the above writ petition. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.

3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.12,84,903/-. 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.

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 in 20 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.12,84,903/- along with any accrued interest, costs and bank charges from the petitioner in the following manner:

i. The petitioner shall pay the outstanding amount of Rs.12,84,903/- together with any accrued interest, costs and bank charges in

20 equated monthly instalments;

ii. The first instalment shall be paid on or before

28-02-2026. The subsequent instalments shall be paid on or before the last working day of the 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/-