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2026 Supreme(Online)(Ker) 30115

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Suresh Kumar – Appellant
Versus
Kerala State Financial Enterprises Ltd – Respondent
WP(C) No. 16756 of 2026



Advocates:
For the Appellants/Petitioners: Vrinda Babu
For the Respondents: Salil Narayanan K.A.

The High Court may exercise its discretionary powers to grant installment payment plans for repaying financial liabilities to public sector entities, thereby staying co-active revenue recovery actions, provided the borrower maintains timely payments.

Headnote:The petitioner challenged the impending coercive revenue recovery proceedings initiated due to the non-payment of dues arising from a prized chitty subscription. The petitioner sought an opportunity to pay the outstanding debt in installments. The respondent conceded to this request, acknowledging an outstanding liability of Rs. 60,85,629/- as of the specified date. The primary issue before the court was whether the petitioner could be granted the liberty to discharge his financial liability through a structured payment plan. The court, citing its equitable jurisdiction in balancing the recovery of public dues with the financial constraints of debtors, held that a reasonable repayment schedule protects the interests of the financial entity while providing relief to the borrower. The court directed the respondent to accept the total outstanding amount in 20 equated monthly installments, effectively staying the revenue recovery proceedings conditioned upon the regular payment of these installments.

Table of Content
1. granting an installment-based repayment plan for outstanding public financial liabilities. (Para 1 , 2 , 3)

JUDGMENT

Petitioner was subscribed to a chitty and prized the same from the 1st respondent, Kerala State Financial Enterprises (KSFE). Due to circumstances beyond his control, it is alleged that the loan amount due from the petitioner, fell in arrears. Petitioner apprehends coercive proceedings being initiated against him. He expresses his willingness to repay the amount in reasonable instalments, and has hence approached this Court.

2. The learned Standing Counsel appearing on behalf of respondents submitted that the total liability due from the petitioner is Rs.60,85,629/- as on 30.05.2026 and that respondents are willing to accept repayment in instalments.

3. Having regard to the above submissions, I am satisfied that this writ petition can be disposed of with a direction.

Accordingly, there will be a direction to the respondents to accept repayment of the entire amount of Rs.60,85,629/- along with interest and costs due from the petitioner in 20 equated monthly instalments, the first of which shall commence on 19.06.2026, with the remaining instalments payable on the 19th of every succeeding month. As long as the petitioner continues to pay the instalments, as directed above, the revenue recovery proceedings shall be kept in abeyance. Needless to mention, if in case the petitioner defaults payment of any single instalment, the respondents will be at liberty to proceed with the revenue recovery proceedings.

The writ petition is disposed of as above.

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