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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
WP(C) NO. 4963 OF 2026



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

Court grants petitioner the opportunity to repay outstanding liabilities in installments under cooperative banking regulations.

Headnote:This judgment addresses the enforcement of recovery proceedings under the Kerala State Co-operative Agricultural and Rural Development Bank Act, 1984 against the petitioner, who seeks to repay outstanding liabilities in installments. The court findings support the petitioner's request for a structured repayment plan due to prior sale of property. The court ultimately decides to allow the petitioner to repay the amount in 12 installments.

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 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 12 instalments.

5. Accordingly, the writ petition will stand disposed of in the following manner:-

(i) The petitioner shall pay the sum of Rs.5,01,867/- (Rupees five lakhs one thousand eight hundred and sixty seven only) along with any accrued interest, costs and charges in 12 equated monthly instalments; (ii) The first instalment shall be paid on or before 30.03.2026 and the subsequent instalments shall be paid on or before the last working day of every succeeding months;

(iii) The petitioner shall also pay a sum of Rs.42,600/- to the respondent Bank within a period of one week from today (27.02.2026). (iv) If any of the amounts are not paid by the petitioner, as directed above, it will be open to the respondent Bank to confirm the sale in favour of the third party.

(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

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