Court allowed the guarantor time to repay loans in installments, balancing debtor rights with lender interests.

J U D G M E N T

Petitioner’s husband availed three separate loans from the respondent bank. The petitioner is a guarantor in respect of all the three loans availed by her husband. On default being committed the bank initiated proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969, and obtained separate awards determining the liability of the petitioner/her husband. On the awards being put to execution, the petitioner is before this Court seeking the following reliefs:-

“I) To issue a writ in the nature of Certiorari or in any of the nature quashing Exhibit P1 to P3 pre-sale notice issued by the 2nd respondent.

II) To issue a writ in the nature of Mandamus directing the respondents to afford an opportunity to the petitioner to repay the loan amount in installments and thereby refrains from coercive steps.

III) To issue a writ in the nature of Mandamus directing the 2nd to keep in abeyance of the attachment and sale proceedings against the petitioner’s immovable property by granting opportunity to settle the loan account. IV) To issue a writ in the nature of Mandamus directing the Respondents No. 1 & 2 to regularize the loan amount.

V) To issue such other reliefs that are found to be just and appropriate during the course of the hearing.

VI) To dispense with filing of the translation of vernacular documents.”

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.59,54,509/-(Rupees Fifty Nine lakh Fifty Four Thousand Five Hundred and Nine only) as on 26.02.2026. 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 fifteen(15) installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.59,54,509/- (Rupees Fifty Nine lakh Fifty Four Thousand Five Hundred and Nine 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.59,54,509/-(Rupees Fifty Nine lakh Fifty Four Thousand Five Hundred and Nine only) together with any accrued interest, cost and bank charges in fifteen(15) equated monthly installments;

(ii) The first installment shall be paid on or before 25.03.2026. 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/-