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2026 Supreme(Online)(Ker) 13829

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SAVIJATH C.V – Appellant
Versus
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) – Respondent
WP(C) NO. 29280 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.NINEEP K., SRI.C.MOHAMMED MUSTHAFA, SRI.D.ARUN BOSE
For the Respondents: SHRI.SANIL CHANDRAN K.V.

The Court allowed installment repayment for a loan default under specific conditions, balancing creditor's rights with debtor's ability to pay.

Headnote:The Kerala High Court considered the case involving default of repayment under the Kerala Co-operative Societies Act, 1969. The petitioner sought an opportunity to repay the outstanding amount of Rs.8,26,466/- in installments. The Court found it reasonable to permit such repayment under specified conditions. The bank's willingness to accept installment payments and the opportunity for the petitioner to repay without coercive measures were pivotal in the Court's determination.

Table of Content
1. facts about credit facilities and default. (Para 1 , 2)
2. court's decision on installment repayment. (Para 4)
3. final ruling on writ petition. (Para 5)

J U D G M E N T

Petitioner availed credit facilities from the 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.8,26,466/- (Rupees Eight lakh Twenty Six Thousand Four Hundred and Sixty Six 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.8,26,466/- (Rupees Eight lakh Twenty Six Thousand Four Hundred and Sixty Six 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.8,26,466/- (Rupees Eight lakh Twenty Six Thousand Four Hundred and Sixty Six 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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