High CourtsSingle Bench(2026) 10 KL CK 0051

Shiju T.T & Anr. vs Kunnathunad Taluk Housing Co-Operative Society Ltd

High Court Of Kerala, Ernakulam · Decided on 1 October 2026

HON’BLE JUDGES
Gopinath P., J
CASE NUMBER
WP(C) NO. 33525 OF 2026

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Judgment

10 paragraphs · 332 words

The 1st petitioner availed credit facilities from the respondent bank. The 2nd petitioner is the surety to the loan availed by the 1st petitioner. This writ petition has been filed challenging the recovery proceedings initiated by the respondent bank to recover amounts due under credit facilities availed by the petitioners from the respondent bank.

2.

The learned counsel appearing for the petitioners would submit that the petitioner is only seeking the liberty of repaying the entire amount in some instalments.

3.

The learned counsel appearing for the respondent bank would submit that the bank has no objection in some reasonable instalments being permitted to the petitioners to clear the entire liability. It is submitted that the outstanding amount, as on 01.10.2026, is Rs.3,00,739/- (Rupees Three lakhs seven hundred and thirty nine only).

4.

Having regard to the facts and circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in eighteen instalments.

5.

Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.3,00,739/- (Rupees Three lakhs seven hundred and thirty nine only), as on 01.10.2026, along with accrued interest, costs and bank charges from the petitioners in the following manner:

(i)

The outstanding amount of Rs.3,00,739/- (Rupees Three lakhs seven hundred and thirty nine only) shall be repaid in eighteen equated monthly instalments along with any accrued interest, costs and charges;

(ii)

The first instalment shall be paid on or before 31.10.2026 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;

(iii)

In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;

(iv)

In order to enable the petitioners to repay the entire amounts as above, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.