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2026 Supreme(Online)(Ker) 6312

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JOJO T J – Appellant
Versus
VARADIAM SERVICE CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 36954 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.SAIJO HASSAN, SHRI.ABRAHAM J. KANIYAMPADY, SHRI.SANGEETH MOHAN, SMT.V.P.REJITHA, SHRI.BAPPU GALIB SALAM
For the Respondents: SHRI.K.M.MUHAMMED HUSSAIN

The court facilitates loan repayment in installments for debtors under cooperative laws.

Headnote:This case concerns the repayment of a loan under the Kerala Co-operative Societies Act, 1969, where the petitioner defaulted on a loan amounting to Rs. 9,45,950. The court grants the petitioner an opportunity to repay this amount in installments as agreed with the respondent bank. The key issue was whether the petitioner could repay the outstanding amount in installments. The court ruled in favor of the petitioner, directing the bank to accept repayment in installments under specified conditions. The writ petition is disposed of as above.

Table of Content
1. petitioner availed loans and defaulted. (Para 1 , 2)
2. bank agrees to a repayment plan. (Para 3)
3. court sets repayment conditions and orders. (Para 4 , 5)

J U D G M E N T

Petitioner availed two separate loan from the 1st respondent bank. On default being committed proceedings have been 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. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in installments.

3. Learned counsel appearing for the respondent bank submits that if a substantial amount is paid immediately, the bank has no objection in granting reasonable installments to the petitioner to clear the balance liability. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.9,45,950/-(Rupees Nine lakh Forty Five Thousand Nine Hundred and Fifty only) as on 12.01.2025. 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 installments.

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 on a condition that he will pay a sum of Rs.1,50,000/- on or before 29.02.2026 and balance outstanding amount along with any accrued interest, cost and charges in twelve (12)

installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.9,45,950/-(Rupees Nine lakh Forty Five Thousand Nine Hundred and Fifty only) along with any accrued interest, cost and bank charges from the petitioner in the following manner:

(i) The petitioner shall pay an amount of Rs.1,50,000/- on or before

29.02.2026. The balance outstanding amount shall be repaid in twelve (12) equated monthly installments, along with any accrued interest, cost and charges. The first installment shall be paid on or before 29.03.2026; (ii) The subsequent installments shall be paid on or before the last working day of every succeeding months.

(iii) In the event of default of any one installment, 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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