SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 14009

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
PURUSHOTHAMAN – Appellant
Versus
TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK – Respondent
WP(C) NO. 3117 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH, SRI.M.VIVEK RABINDRANATH, MS.GAYATHRI C.H., SMT.T.K.SNEHASREE
For the Respondents: ADV SHRI.M.SASINDRAN

The court granted the petitioner the opportunity to repay outstanding dues in installments, balancing debtor relief with creditor rights under the relevant cooperative banking law.

Headnote:The Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984 was integral to this case where the petitioner defaulted on loans from the 1st respondent bank. The petitioner sought the court's intervention after recovery proceedings were initiated. The court found merit in allowing the petitioner to repay the outstanding amount in ten installments, as offered by the bank. The issues framed by the court involved the petitioner’s ability to repay within the proposed structure. The court reasoned that a balanced approach should be taken to accommodate repayment while maintaining bank rights. Consequently, the court directed the bank to accept the repayment plan, provided that coercive actions were suspended.

Table of Content
1. petitioner defaulted on bank loans seeking repayment relief. (Para 1 , 2)
2. court allows structured repayment of debts. (Para 4)
3. writ petition granted with conditions for 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 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.3,06,452/- (Rupees Three lakh Six Thousand Four Hundred and Fifty Two only) as on 19.02.2026. 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 ten(10) installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.3,06,452/- (Rupees Three lakh Six Thousand Four Hundred and Fifty Two 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.3,06,452/- (Rupees Three lakh Six Thousand Four Hundred and Fifty Two only) together with any accrued interest, cost and bank charges in ten(10) equated monthly installments;

(ii) The first installment shall be paid on or before 17.03.2026. 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/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top