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2026 Supreme(Online)(Ker) 6323

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
BIJU KUNIYIL – Appellant
Versus
CALICUT NORTH SERVICE CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 48476 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ADITHYA RAJEEV, SMT.S.PARVATHI
For the Respondents: SHRI.AKSHAY VENU

The court recognized the importance of structured repayment plans for financial obligations while ensuring fairness in the process.

Headnote:The judgment addresses challenges against proceedings initiated under the Kerala Co-operative Societies Act, 1969 for recovery of dues. Petitioners sought regularization of loan accounts, having paid part of the due amounts. The court granted a structured repayment plan. Primary issues included overdue payments and terms for account regularization. The court reasoned for such opportunity, considering repayment abilities. The final decision allows petitioners to repay amounts within stipulated deadlines, barring coercive actions if conditions are met.

JUDGMENT The petitioners have approached this Court challenging proceedings initiated under the Kerala Co-operative Societies Act , 1969 by the respondent bank for recovery of the amounts due from the petitioners.

2. During the course of hearing, petitioners have confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.

3. The learned counsel appearing for the respondent Bank submits that out of the amount of Rs.3,00,000/- directed to be paid as a condition for the interim order dated 26.12.2025, the petitioners have paid only a sum of Rs.1,50,000/-. It is submitted that the overdue amount as on 22.01.2026 is Rs.21,60,004/-(Rupees twenty one lakhs sixty thousand and four only). It is further submitted that the respondent Bank has no objection in some reasonable instalments being granted to the petitioners to clear the liability.

4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the total overdue amount on condition that Rs.1,50,000/- (Rupees one lakh fifty thousand only) shall be paid on or before 13.02.2026 and the balance amount along with any accrued interest, costs and charges shall be paid in 18 equal monthly instalments, the first of which shall be paid on or before 13.03.2026 and the subsequent instalments shall be paid on or before the 13th working day of every succeeding months and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.

5. Accordingly, there will be a direction to the respondent Bank to accept repayment of the entire overdue amount of Rs.21,60,004/-(Rupees twenty one lakhs sixty thousand and four only) along with any accrued interest, costs and charges from the petitioners and regularise the loan account of the petitioners in the following manner:-

i. Petitioners shall pay a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) on or before 13.02.2026. The balance overdue amount along with any accrued interest, costs and charges shall be paid in 18 equal monthly instalments;

ii. The first instalment shall be paid on or before 13.03.2026 and the subsequent instalments shall be paid on or before the 13th working day of every succeeding month;

iii. Petitioners shall continue to pay the regular EMI’s / instalments on the due dates without fail;

iv. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law;

v. In order to enable the petitioners 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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