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2026 Supreme(Online)(Ker) 13828

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RAMLA – Appellant
Versus
THE KARAKURISSI SERVICE CO OPPERATIVE BANK LTD – Respondent
WP(C) NO. 28451 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.VINOD KUMAR.C
For the Respondents: SHRI.K.MADHUSOODANAN, SRI.MATHEW JACOB (KUNNATHU), SHRI.SYRIAC JOSEPH

The court affirmed the right to repay outstanding debts in installments, balancing creditor's interests with debtors' needs under cooperative laws.

Headnote:The case involves proceedings initiated against the petitioner under the Kerala Co-operative Societies Act, 1969 for default in repayment. The court findings allow the petitioner to repay the outstanding amount of Rs.8,05,780/- in twelve installments. Key issues include the terms for repayment and the conditions under which the respondent bank may proceed for recovery in case of default. The final ruling is that the bank must accept repayment in installments while suspending coercive measures.

Table of Content
1. petitioner's availing of credit facilities and subsequent default leading to legal proceedings. (Para 1 , 2)
2. bank's statement on the outstanding amount and willingness to accept repayments. (Para 3)
3. court's decision to allow repayment in installments under certain conditions. (Para 4)
4. final directive for bank to accept installments and suspend coercive measures. (Para 5)

J U D G M E N T

Petitioner availed credit facilities from the 1st 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 installments.

3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.8,05,780/- (Rupees Eight lakh Five Thousand Seven Hundred and Eighty only) as on today (27.02.2026). 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 installments.

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 twelve(12) installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.8,05,780/- (Rupees Eight lakh Five Thousand Seven Hundred and Eighty only) along with any accrued interest, cost and bank charges from the petitioner in the following manner:

(i) The petitioner shall pay the outstanding amount of Rs.8,05,780/-

(Rupees Eight lakh Five Thousand Seven Hundred and Eighty only) together with any accrued interest, cost and bank charges in twelve(12)

equated monthly installments;

(ii) The first installment shall be paid on or before 23.03.2026. The subsequent installments shall be paid on or before the last working day of the succeeding months;

(iii) In the event of default of any one installment, 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/-

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