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2026 Supreme(Online)(Ker) 14027

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SANTHOSH. S, AGED 50 YEARS, S/O. SUGATHAN – Appellant
Versus
AYIROOR VILLAGE CO OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 37085 OF 2025



Advocates:
For the Appellants/Petitioners: RAJ CAROLIN V.
For the Respondents: T.C. SURESH MENON, B.DEEPAK, ANNA ROSE

Court permits repayment of loan in instalments, balancing lender's rights with debtor's need.

Headnote:The petitioners availed a loan from the 1st respondent bank, and after default, approached the court seeking an opportunity to repay the outstanding amount. The court allowed repayment in 12 instalments, recognizing the respondent bank's willingness to accommodate the petitioners despite prior proceedings under the Kerala Co-operative Societies Act, 1969. Ultimately, the court directed the bank to accept the repayment terms as per specified instalment arrangements.

Table of Content
1. loan availed; petition filed for repayment opportunity. (Para 1 , 2)
2. court acknowledges repayment in instalments. (Para 3 , 4)
3. writ petition disposed with repayment terms set. (Para 5)

JUDGMENT

Petitioners availed a loan from the 1st 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 instalments.

3. It is submitted on behalf of the respondent bank that the petitioners committed default in repayment and the outstanding, as on 03-02-2026, amount is Rs.14,33,039/-. 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 instalments.

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 12 instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.14,33,039/- 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.14,33,039/- together with any accrued interest, costs and bank charges in

12 equated monthly instalments;

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.In the event of default of any one instalment, 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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