1. Direction to settle loan transactions per Adalath order within 24 months. (Para 1 )
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2026 Supreme(Online)(Ker) 65272
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Vishnu K. Harikumar – Appellant
Versus
Mudavan Mugal Service Co-operative Bank Ltd. – Respondent
WP(C) NO. 33881 OF 2026
Advocates:
For the Appellants/Petitioners: Noble Mathew, Kumari Sangeetha S. Nair, C.M. Dhany
For the Respondents: Chitra P. George
For the Appellants/Petitioners: Noble Mathew, Kumari Sangeetha S. Nair, C.M. Dhany
For the Respondents: Chitra P. George
The Court directed the respondent bank to consider the petitioner's request for loan settlement based on an Adalath order, granting a conditional stay on coercive actions upon payment of a specified amount.
Headnote:(A) Writ Jurisdiction - Direction for Consideration - Loan Settlement - Where a petitioner seeks implementation of an Adalath order for loan repayment, the Court may direct the respondent authority to consider and pass orders on the representation within a specified timeframe after providing an opportunity for a hearing. (Para 2)
Issues: Whether the 1st respondent should be directed to consider the petitioner's requests to settle loan transactions in accordance with an Adalath order.
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2. Petitioner sought compliance with Adalath order; court heard both sides. (Para 2 )
3. Court directed respondent to consider requests within one month after hearing petitioner. (Para 2 )
4. Pending decision, coercive steps stayed on condition of partial payment. (Para 2 )
5. Writ disposed with direction to decide requests within one month; coercive steps stayed on condition. (Para 2 )
6. What is the remedy when a party seeks enforcement of an Adalath order in loan transactions?
Court may direct the respondent to consider the request expeditiously and stay coercive steps pending decision, conditionally. (Para 2 )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
W.P.(C) No.33881 of 2026 - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 5th day of October, 2026
JUDGMENT
The petitioner has approached this Court seeking a direction to the 1st respondent to abide by the conditions in Ext.P3 Adalath order and to allow the petitioner to remit back the entire loan transactions and to settle the entire loan transactions within a period of 24 months. Claiming the said relief, the petitioner has preferred Exts.P4 and P5 requests before the 1st respondent and seeks for an expeditious disposal of the same.
2. Heard the learned Government Pleader also. After hearing both sides, I dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Exts.P4 and P5 requests submitted by the petitioner, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till a decision is taken as directed above, all coercive steps pursuant to Ext.P3 shall remain stayed, on condition that the petitioner remits an amount of Rs.7,00,000/-(Rupees seven lakhs only) covered by Ext.P3, within a period of one week from today.
