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2026 Supreme(Online)(Ker) 6313

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
KARAYI VALSAN – Appellant
Versus
KOLAVALLOOR SERVICE COOPERATIVE BANK LTD – Respondent
WP(C) NO. 42370 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.DEEPAK RAJ, SMT.ASWATHY K.S.
For the Respondents: SRI.CIBI THOMAS

The court permitted repayment of debts in installments while maintaining the legal proceedings in abeyance under the cooperative statutes.

Headnote:The petitioner, a borrower, sought an opportunity to repay the defaulted amount under the Kerala Co-operative Societies Act, 1969. The court observed the bank's willingness to accept repayments in installments. It concluded that the applicant should repay the amount in twelve installments while holding coercive proceedings in abeyance. The court directed the terms for repayment explicitly, allowing the petitioner a structured way to clear the outstanding dues.

Table of Content
1. petitioner sought an opportunity for repayment. (Para 1)
2. respondent bank's agreement on repayment. (Para 2 , 3)
3. court's directive for structured repayment. (Para 4)
4. final order on repayment with conditions. (Para 5)

J U D G M E N T

Petitioner availed credit facilities from the 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. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.9,31,762/- (Rupees Nine lakh Thirty One Thousand Seven Hundred and Sixty Two only) as on today. 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 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.9,31,762/- (Rupees Nine lakh Thirty One Thousand Seven Hundred and Sixty Two only) along with any accrued interest, cost and bank charges from the petitioner in the following manner:

(i) The petitioner shall pay the outstanding amount of Rs.9,31,762/-

(Rupees Nine lakh Thirty One Thousand Seven Hundred and Sixty Two only) together with any accrued interest, cost and bank charges in twelve(12) equated monthly installments;

(ii) The first installment shall be paid on or before 24.02.2026. The subsequent installments shall be paid on or before the last working day of the 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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