IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JAYAKUMAR – Appellant
Versus
SPECIAL SALE OFFICER/JUNIOR INSPECTOR OF CO-OPERATIVE SOCIETIES – Respondent
WP(C) NO. 40253 OF 2025
| Table of Content |
|---|
| 1. challenge to recovery proceedings under co-operative societies act. (Para 1 , 2 , 3) |
| 2. court's direction on repayment in instalments. (Para 4 , 5) |
JUDGMENT The petitioner has 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 petitioner.
2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.
3. The learned counsel for the respondent bank submits that the petitioner committed default in repayment of a loan and the outstanding amount as on 06.02.2026 is Rs.14,43,000/- (Rupees fourteen lakhs forty three thousand only). 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. 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 along with any accrued interest, costs and charges in 18 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.14,43,000/- (Rupees fourteen lakhs forty three thousand only) along with any accrued interest, costs and charges from the petitioner in the following manner:-
(i) The petitioner shall pay the outstanding amount of Rs.14,43,000/- (Rupees fourteen lakhs forty three thousand only) along with any accrued interest, costs and charges in 18 equated monthly instalments;
(ii) The first instalment shall be paid on or before 10.03.2026 and the subsequent instalments shall be paid on or before the 10th day of every succeeding months;
(iii) In the event of default of any one instalment, 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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