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2026 Supreme(Online)(Ker) 13816

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
KODIYATH KIZHAKKE VEETTIL KRISHNAN – Appellant
Versus
THE PAYYANNUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.S.BINU, SMT.K.SEENA
For the Respondents: SRI. M. SASIDHRAN

JUDGMENT The petitioner has approached this Court challenging proceedings initiated under the Kerala State Co-operative Agricultural and Rural Development Bank Act , 1984 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 this is a case where the property of the petitioner was sold in auction and was purchased by a third party. It is submitted that since the 30 day period has not expired from the date of sale (30.01.2026), if the petitioner immediately pays a sum of Rs.42,600/- (being 5% of the purchase amount), the Bank has no objection in cancelling the sale. It is submitted that after giving credit to the amount paid by the petitioner pursuant to the interim order, the amount due from the petitioner (as on 27.02.2026) is Rs.5,01,867/-. 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 ci

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