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2026 Supreme(Online)(Ker) 14020

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
GANESH – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD., ( KERALA BANK) – Respondent
WP(C) NO. 7559 OF 2026



Advocates:
For the Appellants/Petitioners: ADV SHRI.RAJESH SIVARAMANKUTTY
For the Respondents: SRI. K.S ARUNKUMAR, SMT. RESMI THOMAS (GP)

Court permits installment repayment for loan default while ensuring compliance with repayment terms.

Headnote:This judgment pertains to a writ petition where the court addresses a loan default under the Kerala Revenue Recovery Act, 1968. The petitioner sought an opportunity to repay dues in installments. The Court finds merit in allowing the repayment in 10 monthly installments and regularizing the loan thereafter. The key issues included the extent of default and the terms for repayment set forth by the court, which highlighted the need for compliance in loan agreements. The Court orders the bank to accept repayments under specified conditions, retaining the right to recover in case of defaults.

Table of Content
1. petitioner seeks installment repayment for outstanding loan. (Para 1 , 2)
2. bank acknowledges the default but offers a solution. (Para 3)
3. court allows repayment in installments with clear terms. (Para 4 , 5)

JUDGMENT

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 Revenue Recovery Act , 1968, 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 instalments 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, as on 26-02-2026, is Rs.1,43,702/-. 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 instalments 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 10 instalments 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.1,43,702/- 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.1,43,702/- in 10 equated monthly instalments along with any accrued interest, costs and charges;

ii. The first instalment shall be paid on or before

31-03-2026. The subsequent instalments shall be paid on or before the last working day of the succeeding months;

iii.Petitioner shall continue to pay the regular EMI’s/instalments on the due date without fail;

iv.In the event of default of any one instalment, 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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