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2026 Supreme(Online)(Ker) 14023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ANNIE JOHN – Appellant
Versus
THE SPECIAL SALE OFFICER KURIACHIRA SERVICE CO-OPERATIVE BANK GROUP – Respondent
WP(C) NO. 9360 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.R.ARUN KRISHNAN, SMT.DEEPA K.RADHAKRISHNAN, SHRI.SANAL C.S, SHRI.VISHAK K.V., SHRI.ANU T.H., SHRI.RENJITH K.R., SRI.N.J.NETTO
For the Respondents: SRI.RANJITH XAVIER

Installment repayment provisions under the Kerala Co-operative Societies Act ensure debtor protection while allowing banks to recover dues efficiently.

Headnote:The Kerala High Court adjudicates on a writ petition concerning credit facilities availed by the petitioners from the 2nd respondent bank, resulting in recovery proceedings under the Kerala Co-operative Societies Act, 1969. The petitioners sought the opportunity to repay their outstanding dues. The bank, albeit recovery proceedings initiated, agreed to allow installment payments in a total of eighteen months, contingent on timely payments. The Court directed the bank to accept the outstanding amount along with interest in installments while holding coercive actions in abeyance.

Table of Content
1. petitioners' application for repayment opportunity. (Para 1 , 2)
2. bank's proposal for installment repayment. (Para 3)
3. court's directive on repayment terms. (Para 4)
4. final order and conditions of repayment. (Para 5)

J U D G M E N T

Petitioners availed credit facilities from the 2nd respondent bank. On default being committed proceedings have been initiated against the petitioners under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioners to approach this Court by filing the above writ petition.

2. During the course of hearing, petitioners have 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 petitioners committed default in repayment and the outstanding amount is Rs.56,30,390/- (Rupees Fifty Six lakh Thirty Thousand Three Hundred and Ninety only) as on 10.06.2025. 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 petitioners can be granted an opportunity to repay the outstanding amount in eighteen (18) installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.56,30,390/- (Rupees Fifty Six lakh Thirty Thousand Three Hundred and Ninety 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.56,30,390/- (Rupees Fifty Six lakh Thirty Thousand Three Hundred and Ninety only) together with any accrued interest, costs and bank charges in eighteen(18) 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 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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