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2026 Supreme(Online)(Ker) 14024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
BABY – Appellant
Versus
THE OLLUKKARA REGIONAL KERAKARSHAKA CO-OPERATIVE SOCIETY – Respondent
WP(C) NO. 23133 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.A.JOHNSON
For the Respondents: SRI.K.R.ARUN KRISHNAN, SRI. V.K SUNIL

The court allows structured repayment of debts while suspending coercive recovery actions.

Headnote:The Kerala High Court addressed a writ petition concerning credit facilities availed by the petitioner and subsequent default. The court found that the petitioner should repay the outstanding amount of Rs.33,57,965/- in eighteen installments, with conditions for default and repayment timelines. The judgment ultimately disposes of the writ petition favorably towards the petitioner, allowing structured repayment.

Table of Content
1. details of credit facilities and default. (Para 1 , 2)
2. conditions for repayment and court's directive. (Para 4 , 5)

J U D G M E N T

The petitioner availed credit facilities from the respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act , 1969, prompting the petitioner to approach this court by filing the above writ petition.

2. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to clear the entire liability in installments. 3. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 26-02-2026 is Rs.33,57,965/-. It was submitted that some reasonable installments can be given to the petitioner to clear the entire liability.

4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and 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 eighteen (18) equal monthly instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.33,57,965/- along with interest, bank charges and costs from the petitioner on the following conditions:

(i) The outstanding amount of Rs.33,57,965/- together with any accrued interest, bank charges and costs shall be repaid in eighteen (18) equated monthly instalments;

(ii) The first instalment shall be paid on or before 25-03-2026 and subsequent instalments shall be paid on or before the 25th day of every succeeding month;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed with recovery 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/-

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