Permitting repayment in instalments under the Kerala Co-operative Societies Act to mitigate recovery actions.

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 sale was completed and the Bank itself purchased the property in auction. It is submitted that notwithstanding the above, if the petitioner were to make a substantial deposit immediately, the Bank has no objection in granting some instalments to the petitioner to repay the balance outstanding amount as the sale is yet to be confirmed. It is submitted that the outstanding amount (as on 27.02.2026) is Rs.8,60,316/-.

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 15 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.8,60,316/- (Rupees eight lakhs sixty thousand three hundred and sixteen 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.8,60,316/- (Rupees eight lakhs sixty thousand three hundred and sixteen only) along with any accrued interest, costs and charges in 15 equated monthly instalments;

(ii) The first instalment shall be paid on or before 25.03.2026 and the subsequent instalments shall be paid on or before the 25^th 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.

If the petitioner clears the liability as aforesaid, the sale will stand cancelled. However, if the petitioner defaults in the repayment (as above), the Bank may proceed for confirmation of sale.

The writ petition is disposed of as above.

Sd/-