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2026 Supreme(Online)(Ker) 13831

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JOHN TONNY PAIVA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 35709 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.GEORGE MATHEW, SHRI.MATHEW K.T., SHRI.GEORGE K.V., SMT.MEDHA B.S., SHRI.JOHN ZACHARIAH DOMINIC, SHRI.SUNIL KUMAR A.G
For the Respondents: SRI.JOBI.A.THAMPI, SHRI.BINNY.A.THOMAS

Court allows installment payment of debt per statutory provisions to avoid coercive measures against petitioners.

Headnote:The Kerala Co-operative Societies Act, 1969 regulates credit facilities availed by the petitioners. Seeking relief to clear liabilities in installments, the petitioners were granted permission to pay Rs.33,99,976 in 15 installments, considering the circumstances. The court permits installment payment to ease financial burden, emphasizing adherence to payment plans to avoid default consequences.

Table of Content
1. petitioners seek installment repayment for loans. (Para 1 , 2)
2. court allows repayment in installments. (Para 3 , 4)
3. final ruling to dispose of petition. (Para 5)

J U D G M E N T

The petitioners, along with the 8th respondent, availed credit facilities from the 6th respondent. On default being committed proceedings have been initiated against the petitioners under the provisions of the Kerala Co-operative Societies Act , 1969. The petitioners are now before this Court seeking limited relief. They pray that they may be permitted to clear the liability in installments.

2. During the course of hearing, petitioners have confined the relief to an opportunity for repaying the outstanding amount in installments.

3. The learned counsel appearing for respondents 6 and 7 would submit that the present liability is Rs.33,99,976/- (Rupees Thirty Three lakh Ninety Nine Thousand Nine Hundred and Seventy Six only) as on today (27.02.2026) and that respondents 6 and 7 have no objection in permitting the petitioners to clear the liability in installments.

4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners 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.33,99,976/- (Rupees Thirty Three lakh Ninety Nine Thousand Nine Hundred and Seventy Six only) along with any accrued interest, costs and bank charges from the petitioners in the following manner:

(i) The petitioners shall pay the outstanding amount of Rs.33,99,976/- (Rupees Thirty Three lakh Ninety Nine Thousand Nine Hundred and Seventy Six only) together with any accrued interest, costs and bank charges in fifteen (15) equated monthly installments;

(ii) The first installment shall be paid on or before 26.03.2026.

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 petitioners 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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