The court emphasizes granting borrowers installment repayment opportunities while considering financial institutions' interests.

JUDGMENT

Petitioner availed a loan from the 2^nd respondent bank.

On default being committed proceedings have been initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act, 1969 , prompting the petitioner to approach this Court by filing the above writ petition.

2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.

3. The learned counsel appearing for the respondent bank submits that this is the second round of litigation at the instance of the petitioner. It is submitted that the earlier writ petition filed by the petitioner as W.P(C)No.17423 of 2022 was disposed of on 19-02-2025, permitting the petitioner to clear the liability in 12 equal monthly instalments. It is submitted that the petitioner failed to remit the amount pursuant to the directions contained in the judgment dated 19-02-2025 in W.P(C)No.17423 of 2022. It is submitted that the petitioner has complied with the condition imposed in the interim order dated 01-07-2025 in this writ petition and an amount of Rs.3,00,000/- (Rupees Three Lakh only) has been remitted by the petitioner. It is submitted that the balance outstanding liability, as on 27-02-2026, is Rs.20,51,782/-. It is submitted that the bank is facing serious financial difficulties. It is submitted that if this Court is inclined to grant any further instalments to the petitioner, the number of instalments may be limited to six.

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 in six instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.20,51,782/- (as on 27-02-2026) along with any accrued interest, costs and bank charges from the petitioner in the following manner:

i.The petitioner shall pay the outstanding amount of Rs.20,51,782/- together with any accrued interest, costs and bank charges in six (06)

equated monthly instalments;

ii. The first instalment shall be paid on or before

31-03-2026. The subsequent instalments shall be paid on or before the last working day of the 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.

The writ petition is disposed of as above.

Sd/-