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2026 Supreme(Online)(Ker) 12529

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
JOUHAR B – Appellant
Versus
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED – Respondent
WP(C) NO. 6724 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.RAKESH
For the Respondents: ARUN ANTONY

The court grants the petitioner a repayment plan for his guarantor obligations, emphasizing conditions for deferring recovery actions upon compliance.

Headnote:This judgment pertains to a writ petition, where the petitioner, as a guarantor for a chitty loan, seeks a direction for repayment in instalments due to a default in repayment by the principal borrower, resulting in coercive proceedings against him. The court determined that the respondent is willing to accept repayment in reasonable instalments of the amount due, totaling Rs.6,87,975/-, and directed the respondent to allow this repayment over 15 months with specified conditions. The court's findings reflect the petitioner’s readiness to repay and the respondent's consent to facilitate this process. The court's ruling emphasizes the conditional nature of repayment and the consequences of default. The petitioner is directed to repay the amount in instalments commencing on 20.03.2026.

Table of Content
1. petitioner's request for loan repayment directed. (Para 1 , 2)
2. respondent's amenability to repayment terms discussed. (Para 3)
3. court grants repayment by instalments with conditions. (Para 4)

JUDGMENT

The limited prayer sought for by the petitioner in this writ petitioner is for a direction to accept repayment of the amount due from him as a guarantor to a chitty loan, in instalments.

2. Petitioner stood as a guarantor to a loan availed by Sri. Shajahan from the respondent. However, due to default in repayment by the said loanee, proceedings have now been initiated against the petitioner as well. According to the petitioner, he is ready to repay the amount in instalments.

3. The learned Standing Counsel, upon instructions, submitted that total amount due from Sri. Shajahan, is Rs.6,87,975/-, and that, if the petitioner is ready to repay the amount in reasonable instalments, they are ready to accept the same.

4. Having heard the learned counsel for the petitioner as well as the learned Standing Counsel, I am of the view that this writ petition can be disposed of with a direction, granting an instalment facility to the petitioner, in view of the consent mentioned above.

Accordingly, there will be a direction to the respondent to accept repayment of an amount of Rs.6,87,975/-, due to the petitioner as a guarantor, along with costs and future interests in 15 equated monthly instalments, the first of which commencing on 20.03.2026, with the remaining instalments payable on the 20th of every succeeding month. If the petitioner continues to pay the amount as directed above, the respondent shall defer the coercive proceedings initiated against him. However, if any single default is made in repayment, the respondent shall be at liberty to proceed with the recovery proceedings.

The writ petition is disposed of as above.

Sd/-

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