Back
2026 Supreme(Online)(Ker) 22711
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Subhadra Das – Appellant
Versus
Kerala State Financial Enterprises – Respondent
WP(C) NO. 11737 OF 2026
For the Appellants/Petitioners: K.R. Deep
P.A. Sikha
A. Raman
P.V. Subhash
For the Respondents: Salil Narayanan K.A.
Court directs repayment of loan dues in installments, allowing for relief from coercive actions.
Headnote:Statute Analysis: This judgment concerns financial obligations under civil law regarding loan agreements. Facts of the Case: The petitioners defaulted on loans and sought relief.
Findings of Court:
The court instructed the respondent to accept repayment in installments, conditional on adherence to the payment plan.
Issues: The court evaluated the petitioners' plea against the potential consequences of default.
Ratio Decidendi: The court emphasized the importance of allowing repayment options in cases of financial hardship, thus promoting equitable solutions.
Result: The writ petition is disposed of as above.
| Table of Content |
|---|
| 1. default on loans necessitating court relief. (Para 1) |
| 2. financial obligations and willingness to repay. (Para 2) |
| 3. court's directive for repayment in installments. (Para 3) |
JUDGMENT
Petitioners 2 to 4 had availed two loans and three chitties from the respondent, after creating security over the immovable property belonging to the first petitioner. Due to unforeseen financial constraints, it is alleged that the loan amount due from the petitioners, fell in arrears. Petitioners apprehend coercive proceedings being initiated against them, but have expressed their willingness to repay the amount in reasonable instalments, and have hence approached this Court.
2. The learned Standing Counsel appearing on behalf of respondents submitted that the total liability due from the petitioners is Rs.81,53,854/- as on 25.03.2026 and that respondent is willing to accept the repayment in instalments.
3. Having regard to the above submission, I am satisfied that this writ petition can be disposed of with a direction.
Accordingly, there will be a direction to the respondent to accept repayment of the entire amount of Rs.81,53,854/- along with future interest and costs due from the petitioners in 24 equated monthly instalments, the first of which shall commence on 26.04.2026, with the remaining instalments payable on the 26th of every succeeding month. As long as the petitioners continue to pay the instalments as directed above, the revenue recovery proceedings shall be kept in abeyance. Needless to mention, if in case the petitioners default payment of any single instalment, the respondent will be at liberty to proceed with the revenue recovery proceedings.
The writ petition is disposed of as above.
