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2026 Supreme(Online)(Ker) 7798

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GOPAKUMAR.C.L – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SMT.AAFINA SANTHOSH, SHRI.SHIBU B.S, SHRI.RAZAK M.
For the Respondents: SHRI.THOMAS ABRAHAM

BASANT BALAJI, J.

----------------------------------------------

W.P.(C) No.37750 of 2025 -----------------------------------------------

Dated this the 30th day of January, 2026 J U D G M E N T The petitioners availed a loan of Rs.30,00,000/- from the 1st respondent in 2016, secured by the creation of a Gehan under Kerala State Co-operatve Societies Act, 1969, over a property in Ulloor Village, Thiruvananthapuram. The petitioners, who operate small scale businesses from the mortgaged premises have been remitting installments regularly until 2018. The 2nd petitioner, aged 91, was bedridden and the 1st petitioner suffered a severe accident in 2019, which limited his mobility and ability to manage business operations, causing financial strain. The COVID pandemic further exacerbated their financial difficulties, leading to irregular loan repayments despite earnest efforts to regularize the account. Hence, the petitioners have approached this Court for a direction to the respondents to regularise the loan account by permitting the petitioners to pay the overdue amount in installments.

2. It is submitted that the 2nd petitioner is no more and seeks time to implead the legal heirs. Since the

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