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2026 Supreme(Online)(Ker) 12530

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M/S. JIS INTERNATIONAL EXPORTS PVT. LTD. – Appellant
Versus
KERALA STATE FINANCIAL ENTERPRISES LIMITED – Respondent
WP(C) NO. 6745 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.), SMT.KAVYA VARMA M. M.
For the Respondents: SRI. P.C.ANILKUMAR, SMT. AMMINIKUTTY

Court allows repayment of arrears in instalments while directing conditions upon defaults in payment.

Headnote:The petitioner, a subscriber to a chitty, alleges default in payment due to circumstances beyond control, with revenue recovery proceedings initiated. The court finds no legal infirmities but allows repayment in instalments. Respondents willing to accept Rs.1,60,70,201/- in 15 equated monthly instalments, providing conditions regarding coercive recovery proceedings. The court directed the first respondent to accept repayments under specified conditions with the outcome of dismissing the writ petition as above.

Table of Content
1. petitioner alleged default of chitty payment. (Para 1 , 2)
2. respondents agree to repayment terms. (Para 3)
3. court orders repayment in instalments. (Para 4)

JUDGMENT

Petitioner had been a subscriber to a chitty under the first respondent. Due to circumstances beyond the control of the petitioner, it is alleged that the chitty amount due from it fell in arrears.

2. Petitioner had availed a chitty from the respondents, and defaulted in payment of the amount of the chitty, and hence, revenue recovery proceedings have been initiated. Though petitioner challenges the revenue recovery proceedings, this Court could not identify any legal infirmities in the proceedings initiated. Hence, it was submitted that an opportunity be granted to repay the amount in instalments.

3. The learned Standing Counsel, upon instructions, submitted that, as on 28.02.2026, the liability of the petitioner would be Rs.1,60,70,201/-. It was also submitted that respondents are willing to accept the repayment in instalments.

4. Having heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents, I am of the view that this writ petition can be disposed of with a direction.

Accordingly, there will be a direction to the first respondent to accept repayment of the entire amount of Rs.1,60,70,201/- due from the petitioner, along with future interests and costs, in 15 equated monthly instalments, the first of which shall commence on 20.03.2026, with the remaining instalments payable on the 20th of every succeeding month. If the petitioner abides by the said condition, the coercive proceedings initiated as per Exhibit-P4 shall be kept in abeyance. However, if the petitioner commits default in any one instalment, the respondents shall be at liberty to proceed with the recovery proceedings.

The writ petition is disposed of as above.

Sd/-

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