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2026 Supreme(Online)(Ker) 14008

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
MUHAMMED – Appellant
Versus
CHAVAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. – Respondent
WP(C) NO. 2640 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.RAFEEK. V.K., SMT.O.A.NURIYA, SRI.SHAHIM BIN AZIZ, SHRI.MOHAMMED SHAFI.K, SHRI.K C MOHAMED RASHID, SHRI.ABDUL RAHOOF P.M., SMT.MUFEEDHA P., SHRI.MUHAMMED SHAFI K., SMT.FARSANA A.S.
For the Respondents: SRI.V.V.JOY, SMT.SRUTHI RAJIT

Court allows debtor to repay overdue loan in installments, enabling loan account regularization under cooperative banking regulations.

Headnote:The Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984 was invoked as the petitioner defaulted in loan repayment, leading to the proceedings initiated by the respondent bank. The court finds merit in permitting repayment in installments, facilitating the regularization of the loan account. Key issues included the adequacy of the petitioner's payment plan and the bank's willingness to accept repayments. The court ruled that the petitioner must pay overdue amounts in ten installments, maintaining regular payments to avoid further legal action.

Table of Content
1. petitioner defaults on loan, seeks bank's indulgence. (Para 1 , 2 , 3)
2. court permits repayment in installments. (Para 4)
3. court disposes the writ petition with directives on repayment. (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 State Co-operative Agricultural and Rural Development Banks Act , 1984, 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 overdue amount in installments and to obtain regularization of the loan account.

3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount is Rs.8,90,000/- (Rupees Eight lakh Ninety Thousand only) as on today (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 overdue amount in limited installments and regularize the loan account.

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 overdue amount in ten(10) installments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularized.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.8,90,000/- (Rupees Eight lakh Ninety Thousand only) along with any accrued interest, costs and charges from the petitioner and regularize the loan account of the petitioner in the following manner:

(i) The petitioner shall pay the overdue amount of Rs.8,90,000/-

(Rupees Eight lakh Ninety Thousand only) in ten(10) equated monthly installments along with any accrued interest, costs and charges;

(ii) The first installment shall be paid on or before 19.03.2026. The subsequent installments shall be paid on or before the last working day of the succeeding months;

(iii) Petitioner shall continue to pay the regular EMI’s/installments on the due date without fail;

(iv) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law;

(v) 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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