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2026 Supreme(Online)(Ker) 6308

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SHERLY JOSEPH – Appellant
Versus
THE ASSISTANT REGISTRAR (CO-OPERATION) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.RETHEESHKUMAR, SRI.MUHAMED JUNAID V.
For the Respondents: SRI.LIJI.J.VADAKEDOM, SRI.ATHUL V. VADAKKEDOM, SMT. SILPA N.P

JUDGMENT

Petitioner availed credit facilities from the

3rd 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 awards were obtained determining the liability of the petitioner.

2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.

3. The learned counsel appearing for the

3rd respondent bank submits that the total outstanding amount in respect of the five awards obtained is Rs.65,18,041/-. It is submitted that, though the mortgaged property belongs to the petitioner, the loans were actually availed by different individuals, and only one loan was availed by the petitioner. 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. The learned counsel appearing for the petitioner submits that, though four loans out of the five loans referred to above were not availed by the petitioner, since the repayment of those loans is also secure

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