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2026 Supreme(Online)(Ker) 28887
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.C JOHN – Appellant
Versus
REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent
WP(C) NO. 16026 OF 2026
For the Appellants/Petitioners: PRAVEEN K. JOY, G.RAJAN POTAYIL
For the Respondents: S.SANTHOSH KUMAR, IMAM GRASHIOUS KURIAKOSE
Court permits installment payment of cooperative dues with stay on recovery, liberty to proceed on default.
Headnote:Under the Co-operative Societies Act, recovery proceedings were initiated against the petitioner for outstanding dues. The petitioner challenged the proceedings via writ petition, offering to settle the amount in installments. The court noted the bank's consent to installment payments. Issues framed involved balancing recovery rights with petitioner's repayment proposal. The court reasoned that structured payments with safeguards suffice for recovery. Writ petition disposed directing payment of Rs.43,59,394/- in 12 equal monthly installments from 8.6.2026, with recovery stayed subject to default clause.
| Table of Content |
|---|
| 1. petition challenges cooperative recovery proceedings. (Para 1) |
| 2. parties agree to installment repayment proposal. (Para 2 , 3) |
| 3. court directs 12 installments with default liberty. (Para 4) |
JUDGMENT
The petitioner has approached this Court aggrieved by the recovery proceedings initiated by the 4th respondent bank under the provisions of the Co-operative Societies Act.
2. The learned Standing Counsel appearing for the respondent bank submits that the total amount outstanding as on 4.5.2026 is Rs.43,59,394/- (Rupees Forty Three Lakhs Fifty Nine Thousand Three Hundred and Ninety Four only).
3. The learned counsel appearing for the petitioner submits that the petitioner is ready to remit the entire amount in reasonable installments.
4. Since the respondent bank is not averse to this Court passing directions enabling the petitioner to remit the amount in installments, this Writ Petition is disposed of directing the petitioner to remit the amount of Rs.43,59,394/- (Rupees Forty Three Lakhs Fifty Nine Thousand Three Hundred and Ninety Four only) together with interest in twelve (12) equal monthly installments commencing from 8.6.2026. In order to enable the petitioner to clear the amount as directed above, further proceedings pursuant to Ext.P2 shall be kept in abeyance. It is made clear that if the petitioner commits default in payment of any one of the installments, the respondent bank will be at liberty to proceed with further steps without further notice.
