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2026 Supreme(Online)(Ker) 9143

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
MANOJKUMAR V – Appellant
Versus
THE SECRETARY, KARANNUR SERVICE CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 26146 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.P.V.ANOOP, SRI.PHIJO PRADEESH PHILIP, SHRI.ABIN BENNY, SMT.ANJU R S, SHRI.K C MOHAMED RASHID
For the Respondents: SRI.SANIL CHANDRAN K.V., SMT. SILPA N.P (GP)

Court granted opportunity for instalment repayment of loan dues while halting coercive recovery actions.

Headnote:The petitioner challenged recovery proceedings under the Kerala Co-operative Societies Act, 1969 initiated by the operator bank, seeking to repay the due amount of Rs.23,70,719 in instalments. The court noted the respondent's consent to this arrangement, permitting repayment in 12 monthly instalments and halting coercive actions during this period. The final order directed the respondent bank to accept the payment schedule provided by the petitioner.

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 09.02.2026 is Rs.23,70,719/- (Rupees twenty three lakhs seventy thousand seven hundred and nineteen 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 12 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.23,70,719/- (Rupees twenty three lakhs seventy thousand seven hundred and nineteen 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.23,70,719/- (Rupees twenty three lakhs seventy thousand seven hundred and nineteen only) along with any accrued interest, costs and charges in 12 equated monthly instalments;

(ii) The first instalment shall be paid on or before 27.02.2026 and the subsequent instalments shall be paid on or before the last working 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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