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2026 Supreme(Online)(Ker) 12566

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ELSY EAPEN – Appellant
Versus
MALLAPALLY SERVICE CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 24015 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.THOMAS T.VARGHESE, SRI.PHILIP T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SHRI.AMALA PURUSHOTHAMAN, SMT.KALLYANI G. MENON, SHRI.JIJO PAUL
For the Respondents: SRI.S.SUBHASH CHAND

The court permits flexible loan repayment terms considering the petitioner's circumstances post her husband's demise.

Headnote:This judgment involves a writ petition concerning a demand notice issued by a bank for loan repayment default. The petitioner, widow of the borrower, seeks relief regarding an outstanding amount of ₹25,11,509, asserting the loan was taken by her deceased husband. The court allows the petitioner a repayment plan of 15 instalments starting from 20.03.2026, as well as the option for a one-time settlement. The court notes an understanding from the respondents to extend reasonable terms for the repayment. The order reflects the court's consideration of the petitioner's request amidst her husband's death-related circumstances.

Table of Content
1. circumstances involving loan default and related bank proceedings. (Para 1)
2. disclosure of outstanding loan amount. (Para 2)
3. court's willingness to provide repayment flexibility. (Para 3 , 4)

JUDGMENT

The petitioner’s husband had availed certain credit facilities from the first respondent herein. Insofar as the repayment was defaulted, the Bank initiated ARC proceedings, leading to the issuance of Ext.P7 demand notice. It is seeking to challenge the demand notice issued as above, as also seeking an instalment facility, that the petitioner has approached this Court.

2. Sri. S. Subhash Chand, the learned counsel for the first respondent, would point out that the arrears as on date are ₹25,11,509/-.

3. Taking note of the contentions raised by the petitioner, especially that the loan was taken by her deceased husband, I am of the opinion that some indulgence can be shown in the matter.

4. The learned counsel for the first respondent, fairly states that reasonable instalments may be extended by this Court.

In view of the above, this writ petition stands disposed of, permitting the petitioner to clear the arrears in the loan account of the respondent Bank in 15 instalments commencing from 20.03.2026. Insofar as the learned counsel for the first respondent also states that an OTS facility is extended by the Bank, it will be open for the petitioner to seek the afore benefits as well.

Sd/-

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