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2026 Supreme(Online)(Ker) 14227

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RUBEENA K.V – Appellant
Versus
KERALA STATE FINANCIAL ENTERPRISES – Respondent
WP(C) NO. 5710 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.NEERAJ NARAYAN
For the Respondents: SMT.C.ANCHALA, SMT.ALEENA SABU M., SMT.ASEEBA V. H.

A debtor is entitled to request repayment in instalments where circumstances hinder timely payment, with courts favoring reasonable repayment plans.

Headnote:Legislation concerning repayment of loans by individuals stipulates opportunities for instalment repayment in certain cases. In this matter, the petitioner sought a facility for repayment in instalments after defaulting due to circumstances beyond their control. The Court found it reasonable to grant instalments. The issues before the Court included the fairness of the repayment conditions and the status of recovery proceedings initiated by the respondents. The Court directed the respondents to accept the due amount in instalments, keeping coercive measures on hold contingent on compliance. The writ petition is disposed of with said directions.

Table of Content
1. petitioner sought repayment of loan in instalments after default. (Para 1 , 2)
2. respondent's willingness to accept instalments discussed. (Para 3)
3. court orders instalment repayment with conditions. (Para 4)

JUDGMENT

The limited relief sought for by the petitioner is for an opportunity for repayment of the entire liability due from him in instalments.

2. The petitioner had availed a loan against chitty from the respondents. However, due to reasons beyond his control, petitioner committed default in repayment. Revenue recovery proceedings have now been initiated against him as per Ext.P1 and hence petitioner has approached this Court, challenging the same.

3. The learned Standing Counsel, upon instructions, submitted that after adjusting the amounts paid by the petitioner, the total amount due is Rs.29,79,469/- as on 28.02.2026. It was also submitted that respondents are willing to accept repayment in reasonable instalments.

4. Having heard the learned counsel for the petitioner and the learned Standing Counsel for respondents, I am of the view that the writ petition can be disposed of with a direction to grant instalment facility to the petitioner.

Accordingly, there will be a direction to respondents to accept the entire amount of Rs.29,79,469/- due from the petitioner along with future interests and costs in 25 equated monthly instalments, with the first instalment commencing on 24.03.2026 and the remaining instalments on the 24th of every succeeding month. Coercive proceedings shall be kept in abeyance till then. Needless to mention that, if in case of default of any one instalment, the respondents shall be at liberty to initiate appropriate recovery proceedings.

This writ petition is disposed of as above.

Sd/-

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